RFP Rules

RUL 00001
Published On: 03/01/2022

Question: If my project does not substantially conform with the posted technical requirements, can I bid it as a PPA?

Answer: Yes. The technical requirements apply to asset sales and other asset transfer agreements. They do not apply to power purchase agreements.

RUL 00002
Published On: 03/03/2022

Question: Would hybrid facilities (solar + storage) fall under the intermittent or non-intermittent RFP?

Answer: Solar paired with storage will be considered an intermittent resource.

RUL 00003
Published On: 03/03/2022

Question: Can bidders place two bids – one in each RFP?

Answer: There is no restriction on the number of bids that can submitted, although respondents may incur bid fees depending on the number of bids submitted.  Bidders can submit proposals for up to three (3) project sites for each DEI RFP at no cost. Respondents submitting more than three (3) projects for consideration will incur a Generation Proposal Evaluation Fee for each additional project submitted. The nonrefundable fee for evaluating each project is $5,000. 

RUL 00004
Published On: 03/04/2022

Question: I had a follow-up to the MISO Queue requirement in section 2.3 of Appendix G: “Projects must have entered the MISO queue process or be eligible to receive transmission access via the MISO generator replacement transfer process. Facilities that have not entered the MISO queue process as of the bid submission date of this solicitation or that are not eligible to receive transmission access via the generator replacement transfer process will be disqualified and not considered for advancement in the process.” What is the definition of “entered the MISO queue process”? If a Project has submitted their application to the MISO interconnection queue prior to the bid submission date, will they be eligible for the RFP? (Even if they have not started the DPP Phase 1 or even passed the application deadline for a specific study cycle.) The specific example I am curious about is if a Project is entering the MISO queue for the DPP-2022-Cycle, but they submit their application prior to the Duke RFP bid submission date. The application deadline for this cycle is 9/15/2022, and DPP Phase 1 is not anticipated to start until 12/15/2022.

Answer: DEI is requiring that projects have started the DPP Phase 1 process by the bid submission deadline for the RFP.  Projects need not have completed DPP1 by the submission deadline.

RUL 00005
Published On: 03/04/2022

Question: On slide 16 on the information session presentation, can you please advise definition of site control for the first bullet point "achieved site control".

Answer: Bidders should have ownership or contractual control (site lease or option contracts) for the land required for the development.  Please refer to Appendix G, Section 2.3 Site Development - Site Control.

RUL 00006
Published On: 03/04/2022

Question: For the solar projects is the 50 MW ICAP the minimum or is there room to go under?

Answer: The 50 MW ICAP minimum is a firm requirement.

RUL 00007
Published On: 03/04/2022

Question: Is there an estimate on when there will be additional guidance on this interconnection queue requirement? We would not want to prepare an application if we would not meet the requirements of the rfp.

Answer: An update was provided on 3/1/22.  To be eligible for consideration, projects must have entered the MISO queue process by the bid submission deadline.  Please refer to the Appendix G posted to the Information Website.

RUL 00009
Published On: 03/08/2022

Question: Please clarify whether the purchase of development assets would be via a Membership Interest Purchase Agreement (MIPA) in which DEI would take control of the project LLC, or whether it would be subject to an Asset Purchase Agreement (APA) in which the individual project assets would be assigned from that project LLC to a DEI entity.

Answer: The preferred approach is to use an asset purchase agreement (APA) whereby the project LLC would assign the development assets to DEI.

RUL 00010
Published On: 03/11/2022

Question: From reading the FAQs it seems we must have started the DDP1 process which doesn’t start till Dec 2022 for the 2022 Queue. Other FAQs say we only need to be in the 2022 MISO Queue by the deadline 4-18-22. Will a 2022 queue position by 4-18-2022 will be allowed as a project in the DEI 2022 RFP?

Answer: Projects must have started the DPP1 MISO queue process by the bid submission deadline.  Since the 2022 MISO queue process does not start until after the bid submission deadline, 2022 projects will not be allowed.

RUL 00011
Published On: 03/11/2022

Question: Please confirm eligible RFP projects only need to be eligible for the Generation Facility Replacement Process pursuant to Section 3.7 of Attachment X to MISO tariff and do not need to initiate the process unless required by the project in-service date.

Answer: RFP projects need only to be eligible for the MISO Generation Facility Replacement Process at the time of bid submittal.  If the project is selected, assignment of interconnection rights would be determined during the negotiation process. 

RUL 00012
Published On: 03/11/2022

Question: Pursuant to MISO Tariff Attachment X, Appendix 1, Section 4 m, does this paragraph apply to the DEI RFP? The specific language: If this Interconnection Request is made in connection with a resource solicitation process, attach a copy of a written agreement assigning the Interconnection Customer’s rights under the GIP to the solicitor of the process and granting the solicitor the right to act as the Interconnection Customer’s agent for all purposes in the GIP.

Answer: RFP projects need only to be eligible for the MISO Generation Facility Replacement Process at the time of bid submittal.  If the project is selected, assignment of interconnection rights would be determined during the negotiation process. 

RUL 00013
Published On: 03/18/2022

Question: Would a non-intermittent asset located outside of Zone 6 with firm transmission to deliver to Zone 6 be a qualified asset for a PPA according to section 4.2 (d) of the RFP?

Answer: The RFP states:

DEI may also consider resources physically located in other regions, but such facilities must have firm transmission access to LRZ6 and be designated as LRZ6 Network Resource Interconnection Service (“NRIS”) qualified capacity. For the avoidance of doubt, DEI requires that resources are qualified to receive Zonal Resource Credits in or delivered to MISO Local Resource Zone 6 consistent with MISO’s Module E or successor.