GEN 00001

Question: Can you please post the W-9 and articles of incorporation for all 3 utilities?

Answer: The W-9 will be provided to winning bidders upon request.  The articles of incorporation for each of the Ohio Utilities are posted on the Documents page.

GEN 00002

Question: Are the tranches being procured by planning year or by each 12 and 24 month term?

Answer: Tranches are being procured for each product in the auction.  Each product in the auction has its own tranche target and delivery period.  For example, there is a tranche target for the 12-month product and a tranche target for the 24-month product. However, all products may or may not be offered in any individual auction.

GEN 00003

Question: What does “applicable delivery period” mean in this statement, “Each tranche represents one percent (1%) of the actual hourly energy required for SSO Load for the applicable Delivery Period”?

Answer: Different products in the auction have different delivery periods. A tranche for a product represents one percent (1%) of the actual hourly energy required for SSO Load during that product's delivery period.

GEN 00004

Question: For the auctions with two products (12 and 24 month terms), will both products be procured simultaneously during the auction? Will two different prices be associated with the products?

Answer: For auctions with more than one product, all products will be procured simultaneously in the auction. Each product will have its own price.

GEN 00005

Question: What does market based transmission mean? Please provide a list of all market-based transmission costs. Which specific sections or costs are included?

Answer: In this context, market-based transmission generally means transmission and ancillary charges whose rates/costs are set in total or in part by the PJM energy market.  Congestion and incremental losses would be two examples.  The Master SSO Supply Agreement lists all current transmission costs that will not be the responsibility of SSO Suppliers.  All other transmission costs that are incurred by suppliers as the Load Serving Entity (LSE) will be the responsibility of the Supplier.

GEN 00007

Question: How are ARR revenue allocations handled?

Answer: PJM Auction Revenue Rights (ARR) allocations are performed by PJM per Section 17: Auction Revenue Rights Settlements contained in PJM's Manual 28: Operating Agreement Accounting found at http://www.pjm.com/~/media/documents/manuals/m28.ashx.  If auctions have not taken place, or suppliers have not been identified prior to the start of the ARR nomination process, the FirstEnergy Ohio Utilities will make the ARR nominations for the open SSO load and the resulting allocations will be posted on the Load and Other Data Documents page of the Information Website.  Once the suppliers for the SSO load have been identified, PJM will allocate each SSO supplier its proportional share of ARRs for the load being served in accordance with the PJM manual.

GEN 00008

Question: Where are the tranche targets/size for each auction posted?

Answer: The tranche target and size are posted on the News page of the Information Website.

GEN 00010

Question: Does the Legal Representative listed on the Online Account Application need to be our Legal Representative in Ohio? If so, can we also list an internal Legal Representative that does not have an address in Ohio?

Answer: Indicating the Legal Representative in the Online Account Request Form is optional. However, you must identify the Legal Representative in the Part 1 Application. The Legal Representative is legal counsel that is authorized and agrees to accept service of process on the applicant’s behalf and the Legal Representative must have an address in Ohio.

GEN 00011

Question: In the Bidder Information Session presentation available on the Information Website, you stated that SSO suppliers would not be obligated to provide alternative or renewable energy requirements. Can you point out where this is stated in the Master SSO Supply Agreement?

Answer: Please see the definition of SSO Supply and Standard Service Offer in the Master Standard Service Offer Supply Agreement. 

GEN 00012

Question: If I fill out an online application and upload all the financial data (10K, 10Q, etc.) and also the PJM documentation, do I also have to send hardcopies of the financial data and other supporting documentation when I send the original hardcopy of the application with signatures?

Answer: The Part 1 and Part 2 Applications can be submitted electronically; no hardcopies are required.

GEN 00013

Question: If the supporting documentation for the Part 1 Application (i.e., ratings information, financial information, etc.) is provided through the online tool, is it still necessary to send a hardcopy of the supporting documentation along with the rest of the Part 1 Application?

Answer: If the supporting documentation is uploaded through the applicant's online account, then hardcopies of the supporting documentation are not required.

GEN 00014

Question: Are applicants allowed to submit proposed changes to the Master SSO Supply Agreement with the Part 1 Application?

Answer: No changes to the Master SSO Supply Agreement will be accepted.

GEN 00015

Question: In the Part 1 Application, section 1.6, part 4(c), p. 14, applicants are asked to certify that they have no civil penalties, judgments, consent decrees, etc. As a large organization we are uncertain whether we can certify to that in full. We can provide a qualification in the box on p. 14. We can certify to (a), (b), (d), (e), and (f). Should we sign or not sign under part 4 on p. 14?

Answer: Please sign in section 1.6, part 4, but list the qualification on page 14.

GEN 00016

Question: Can you please provide an electronic Word doc version of the post-bid LOC format for us to make changes to?

Answer: A Word version of the Form of SSO Supplier Letter of Credit is available on the Supplier Documents Web page on the Information Website.

GEN 00018

Question: Can you please confirm when the auction results will be made available to the public?

Answer: This is determined by the Public Utilities Commission of Ohio’s post-auction review process. Please see Section 7.1, "Notification of Results," and Section 12.2, "Certifications and Disclosures to Be Made," in the "Bidding Rules" document on the Information Website for more information.

GEN 00019

Question: What time will an auction begin?

Answer: The starting time will be announced to the Registered Bidders close to the auction date.

GEN 00020

Question: When will the minimum and maximum starting prices for round 1 of an auction be announced?

Answer: The minimum and maximum starting prices for an auction will be announced no later than the start of the online Part 2 Application process for the auction.

GEN 00021

Question: Can you please clarify the options open to bidders in regards to complying with the certification to be registered and authorized to do business in the State of Ohio. Do bidders either need to be organized in the State of Ohio or have an agent there?

Answer: As part of the Part 1 Application process, applicants are required to identify the applicant’s Legal Representative in Ohio, who must be a legal counsel, have an address in Ohio, and be authorized and agree to accept service of process on the applicant’s behalf.

GEN 00022

Question: Under the Master SSO Supply Agreement, winning bidders organized outside of Ohio must be registered and authorized to do business and in good standing in Ohio. By registering to do business in Ohio, will we be exposed to Ohio's gross receipts tax across all of our business units? Are there any options or strategies to minimize exposure to the Ohio gross receipts tax?

Answer: FEOU is an Ohio company and this transaction is taking place in Ohio and is therefore subject to Ohio laws and taxes. FEOU cannot provide tax advice to any bidders -- bidders will need to do their own due diligence related to tax obligations.

GEN 00023

Question: Can a successful Part 1 Applicant (i.e., a Qualified Bidder) add a parental guarantee during the Part 2 Application process? More generally, can a Qualified Bidder alter its creditworthiness by either adding a guarantor, changing its guarantor, dropping a member of its bidding consortium, or changing out a member of its bidding consortium with a more credit-worthy entity?

Answer: Prior to the Part 2 Application Due Date, a Qualified Bidder may alter its creditworthiness as follows:

(1) Add a guarantor, in the case where a guarantor was not named in the original Part 1 Application.

(2) Change its guarantor from the one named in the original Part 1 Application to a new one.

(3) Modify the composition of its bidding consortium so as to drop the member with the lowest creditworthiness, thereby raising the creditworthiness to the next highest credit status (to the extent there is no guarantor).

A Qualified Bidder may not add a new member to its bidding consortium from what was disclosed in the Part 1 Application.

In all cases where the creditworthiness of the Qualified Bidder is changed, a new set of information in the relevant Part 1 Application forms must be submitted to the Auction Manager prior to the Part 2 Application deadline. To the extent the financial status of a Qualified Bidder changes, either through Part 1 Application modifications or external factors, the Qualified Bidder must inform the Auction Manager.

A Registered Bidder also is required to report any change in financial status before the auction.

GEN 00025

Question: How are the auction prices converted into rates for the individual classes?

Answer: Retail rates reflecting the results of the auctions continue to be calculated consistent with Case No. 14-1297-EL-SSO. For an example, please refer to Case No. 22-0340-EL-RDR.

GEN 00027

Question: Are there any auction administration tranche fees?

Answer: No, there are no auction administration tranche fees. 

GEN 00028

Question: Are all of the FirstEnergy Ohio Utilities' customers eligible for default service? Stated another way is the sum of the "total shopped" and "non-shopped" load equal to the total load published for the FE Ohio load zone?

Answer: The sum of the ‘Shop’ and ‘NonShop’ load is equal to the ‘Total’ load published for the FE Ohio load zone in the Ohio hourly data files. To determine the aggregated total FE Ohio load, Percentage of Income Payment Plan (PIPP) load must also be added.

GEN 00029

Question: For a previously Qualified Bidder that submitted a successful Part 1 Application for the October auction, if their only change to their Part 1 Application for the following January auction is a new 10-Q, do they only need to upload that electronically? Is there any need to provide a new signed Part 1 Application for the January auction?

Answer: The previously Qualified Bidder needs to upload the new financial document online, update their financial data online (Sections 1.7 & 1.8 of the Part 1 Application), and submit the Part 1 Application online again. The Authorized Representative of the bidder will need to sign and date only the sections that have changes, and send those by email to FEOUAuctionManager@crai.com.

GEN 00031

Question: Is it necessary to become a CRES Supplier to participate in the competitive bidding process in which the FirstEnergy Ohio Utilities seek full requirements service for their SSO customers?

Answer: No, it is not necessary to be a Competitive Retail Electric Service (CRES) Supplier to participate in the FEOU Competitive Bidding Process or to be an SSO Supplier.

GEN 00032

Question: When is the pre-bid collateral due and when will it be returned? Can cash be posted instead of a letter of credit?

Answer: Pre-Bid Security has the same due date as the Part 2 Application. Unless noted otherwise for a particular auction, it will remain in full force, at a minimum, until the fifth calendar day for winning bidders. Prebid security for non-winning bidders may be returned sooner. Subsequently, a bidder’s Pre-Bid Security will be cancelled and returned. Yes, cash can be posted (via wire transfer) instead of a letter of credit.

GEN 00033

Question: Can a bidder submit multiple Part 1 Applications for different companies within the corporation as long as they disclose this? If so, does each company being submitted need different AR and ADs? Then, once the companies become Qualified Bidders, you then have to make the determination of which ONE company to proceed in the Part 2 Application process and ultimately the auction. Is this understanding correct?

Answer: Different companies within the same corporation can submit their own Part 1 Applications as long as they disclose they are doing this. The same Authorized Representative (AR) and the same Authorized Delegate (AD) can be used across the different companies for the Part 1 Application. However, the same AR and the same AD cannot be used across the different companies if and when they submit their Part 2 Applications. Bidders that are associated with one another may or may not be allowed to participate in the Part 2 Application process and beyond, or they may be subject to certain restrictions.

GEN 00034

Question: Are winning suppliers in an auction (who had also won tranches in a previous auction) required to sign a new Master SSO Supply Agreement or is an additional Appendix A added for any incremental tranches won?

Answer: A winning Supplier will only need to execute one Master SSO Supply Agreement. After that, all successful supply opportunities will be under the transaction confirmation.

GEN 00036

Question: How do the FirstEnergy Ohio Utilities plan to approach billing each SSO Supplier? Specifically, should the SSO supplier expect the three FirstEnergy Ohio Utilities will be combined into one bill. If this is the case, what is the legal name of the entity that will be billing each SSO supplier?

Answer: Please refer to FAQ's PJM00009 and AGR00011.

GEN 00037

Question: Is there a cure deficiency period for the Part 1 Application? Will you notify participants if we need to make any updates to the application?

Answer: As is outlined in the instructions for the Part 1 Application, the Auction Manager will notify applicants of any deficiency in their Part 1 Application and the applicant will be allowed time to remedy any such deficiencies.

The Auction Manager will send a deficiency notice to the applicant’s Authorized Representative by email. You will have until 12:00 p.m. noon prevailing Eastern Time on the Part 1 Application Due Date, or until 5:00 p.m. prevailing Eastern Time on the Business Day following the Business Day during which a deficiency notice is sent, whichever comes later, to respond. If you do not correct or adequately explain the deficiency within the time allowed, your Part 1 Application may be rejected and you may be unable to participate in the Competitive Bidding Process.

GEN 00038

Question: Following the Part 2 Application process, (1) when will the list of Registered Bidders be made available assuming we have successfully completed the Part 2 Application and are a Registered Bidder ourselves? (Bidding Rules, Section 4.2.2) (2) When will the initial eligibility aggregated across all Registered Bidders be available? (Bidding Rules, Section 4.2.2) (3) When will the reporting ranges referenced in Section 5.4 of the Bidding Rules be available? (4) When will the starting price for the auction be available?

Answer: In response to questions (1) and (2): applicants will be informed no later than three (3) business days after the Part 2 Application Due Date whether they have become a Registered Bidder. The list of Registered Bidders along with the total initial eligibility aggregated across all Registered Bidders will be sent, as soon as is reasonably possible, after all individual bidders have received their Notifications of Registration.

In response to question (3): The reporting ranges referenced in Section 5.4 of the Bidding Rules will be sent to all bidders in advance of the live auction. The Auction Manager does not have an exact date for when this information will become available. In the past, this information was sent out to all bidders, via email, not long after the mock auction.

In response to question (4): The starting price will become available no later than the date indicated on the CBP Calendar. This Calendar may be viewed on the Information Website: http://www.firstenergycbp.com/Calendar.aspx.

GEN 00039

Question: If a customer switches and then comes back to FirstEnergy Ohio Utilities, does this customer load then become part of the SSO load?

Answer: Yes. The following is excerpted from page 18 of the FirstEnergy Ohio Utilities Electric Generation Supplier Coordination Tariff as approved by the Public Utilities Commission of Ohio:

F. Customer Return to Standard Service Offer Supply A Customer’s return to Standard Service Offer Supply may be a result of Customer choice, supplier default, termination of a supplier contract, opt out or termination of a governmental aggregation program, or supplier withdrawal. A Customer may contact the Company to return to the Company’s Standard Service Offer Supply. The return to the Standard Service Offer Supply shall be conducted under the same terms and conditions applicable to an enrollment with a Certified Supplier. Thus, the Company will provide a rescission period consistent with the Commission rules. Provided the Customer has observed the applicable notification requirements and the Company has effectuated the request to return to the Standard Service Offer Supply twelve (12) calendar days prior to the next regularly scheduled Meter Read Date, the Customer will be returned to the Standard Service Offer Supply on the next regularly scheduled Meter Read Date.

GEN 00041

Question: My company currently is a CRES in Ohio but has not signed agreements with any utilities as of yet. Can a CRES bid in the CBP SSO auction and be awarded the SSO load won without first having agreements in place with the utilities, and then upon award sign the normal agreements and perform the proper EDI testing?

Answer: No existing agreements with the FirstEnergy Ohio Utilities need to be in place prior to bidding in FEOU's CBP SSO auctions.  In order to be allowed to bid in one of the auctions, a bidder must successfully complete the Part 1 Application and Part 2 Application process for that auction.  In that application process, a bidder will agree to satisfy certain requirements should it become a winning SSO Supplier, such as committing to executing the Master SSO Supply Agreement following the auction, be a PJM member in good standing, be a PJM Load Serving Entity (LSE), and so forth.

GEN 00043

Question: Our financial statements are not public information. Can you please identify the documents that state that the FirstEnergy Ohio Utilities and the Auction Manager (CRA International) will keep these confidential?

Answer: As stated in the Part 1 Application and reproduced below, materials submitted in association with the Part 1 Application will be shared on a confidential basis with the FirstEnergy Ohio Utilities, CRA International, and the Public Utilities Commission of Ohio.

CONFIDENTIALITY OF CREDIT INFORMATION Any information and materials that you submit in this Part 1 Application may be provided on a confidential basis to the Auction Manager Team and the Public Utilities Commission of Ohio (“PUCO” or “Commission”) and their representatives. Information that you provide in this Part 1 Application, except for information regarding bidding agreements provided in Section 1.11, may be provided on a confidential basis to representatives of the FirstEnergy Ohio Utilities for a creditworthiness assessment.

GEN 00044

Question: Our legal representative in Ohio is a corporation and not an individual. In this case, is it acceptable to leave the Last Name, First Name, Mr/Mrs/Ms/DR(other), and Title fields blank in Section 1.4 of the Part 1 Application?

Answer: The FirstEnergy Ohio Utilities require that the Ohio Legal Representative be an individual and not a corporation.

GEN 00047

Question: Have the most recent rates for Sheet 114, Rider GEN, Generation Service Rider been calculated for any or all of the First Energy Ohio Companies?

Answer: Current tariffs are available at: https://www.firstenergycorp.com/content/customer/customer_choice/ohio_/ohio_tariffs.html.

GEN 00048

Question: Is each product in the auction for all 3 utilities combined together or is there a separate product for each of the utilities?

Answer: Each product in the auction is for the three utilities combined. There is no product specific to each utility.

GEN 00049

Question: Does the load that SSO suppliers serve include Unaccounted For Energy (UFE)?

Answer: Yes.  Please see Attachment M-1 of the PJM Open Access Transmission Tariff.

GEN 00052

Question: When is the next auction?

Answer: When the schedule for upcoming auctions has been approved by the PUCO, notice will be posted on the Calendar page of the auction Information Website (www.FirstEnergyCBP.com/Calendar.aspx), and registered users of the Information Website will be informed via email.

GEN 00056

Question: Will the Companies’ recovery of the ancillary services including Balancing Operating Reserves and Reactive Services occur through a bypassable or non-bypassable rider?

Answer: With the exception of an approved pilot that impacts certain shopping customers and their suppliers, all other customers of the Companies will be charged for non-market based transmission services as defined in the Master Supply Agreement on a non-bypassable basis.

GEN 00059

Question: If a government aggregation returns to standard offer service, is there a minimum amount of time that the government aggregation is required to remain on standard offer service?

Answer: Currently there is no minimum stay for customers electing to return to the Companies' standard-offer service. However, customers may only change who they take generation service from once a month on their regularly scheduled meter reading date. Please refer to the Companies' Electric Service Regulations, which are publicly available and can change from time to time based upon action of the Public Utilities Commission of Ohio. See the Ohio Supplier Tariff, VII CUSTOMER ENROLLMENT Section F Customer Return to Standard Service Offer Supply.

GEN 00060

Question: Where can I find information that states the specific load zone(s) the Companies are located in?

Answer: FirstEnergy's Ohio Utilities are in the ATSI load zone.

GEN 00061

Question: Could you please confirm that the legal representative in Ohio is required to be an attorney.

Answer: Yes.  The FirstEnergy Ohio Utilities require that the legal representative be an attorney.

GEN 00062

Question: The Supplier Master Agreement for FEOH doesn’t delineate clearly the customer breakdown by energy consumption, can we please have the definition of Residential, Commercial, and Industrial Customers in terms of energy demand thresholds?

Answer: SSO Suppliers are obligated to deliver full requirements service based on tranches where each tranche represents an equivalent percentage (or slice of system) of SSO Load.  The Companies classify customers between Residential, Commercial, and Industrial based on Commission-approved rate schedules which are determined by service voltage.

GEN 00073

Question: My question is around the volume that is procured for each of the utilities. I'm looking to gauge how exposed default service customers would be to the spot market in the event there was a large migration of customers from third party contracts, back to utility default rates. Ex: Lets say OH utility loads were determined that a 1% tranche was equal to 100MW originally. If they added significant loads between delivery years, and a new calculation of 1% of load was determined to be 105MW (lets say this was revised in September), would the supplier who was awarded the 1% tranche be obligated to supply the additional 5MW at the original fixed price or would the utility be completely exposed to the spot market for the extra 5MW?

Answer: SSO Suppliers are required to provide all default service requirements at the fixed price from the auction for SSO load. For your example, the supplier would have the additional responsibility for the 5MW at the fixed price from the auction.