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 (revised 12/13/2023)
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.

RUL 00005 (revised 12/13/2023)
Published On: 03/04/2022

Question: Can you please advise definition of "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 (revised 12/13/2023)
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: The RFP is open to all facilities currently in the MISO queue, facilities that have completed all requirements associated with participation in the MISO queue, and facilities using MISO’s Generator Replacement Process. Bidders should provide either a valid MISO queue number or a completed MISO Form Generation Interconnection (“GI”) Application Checklist along with an affirmation that the project meets all MISO requirements for site control outlined in the MISO Site Control Submission Checklist, Both checklist forms will be available on this website at https://deirfp.com/RFP-Documents.  

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 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 00014
Published On: 12/19/2023

Question: 1. For the Non-Intermittent RFP, does the RFP site layout guide apply to the PPA as well or just the APA and BTA? 2. Is a solar+storage project eligible for both Intermittent and Non-Intermittent or just Non-Intermittent?

Answer: 1. The site layout guide only applies to APA and BTA proposals.

2. Solar+Storage is only eligible as an Intermittent resource.

RUL 00015 (revised 12/29/2023)
Published On: 12/20/2023

Question: Do projects offering an early-stage asset purchase offer (closing well before construction begins) need to comply with the technical specifications and vendor list?

Answer: Please review Appendix E: Key Commercial Terms - Acquisition, available on the RFP Documents page of this website.

RUL 00016
Published On: 12/29/2023

Question: Regarding the DEI All-Source 2023 RFP, Section 5.9 of the Non-Intermittent RFP states that: "Respondents shall provide all energy market revenues, capacity market revenues and ancillary services revenues for the facility. If the facility has or is expected to generate any other market revenues (costs), the respondent should provide such information and describe the source of the facility revenue. Existing facilities shall provide the information described above for the past three (3) years as well as estimates for the facility for the next three (3) years. Facilities in development shall provide estimates for the first three (3) full years of operations." For standalone storage that is offering a $/kW-mo tolling structure, can you please clarify whether the breakdown of energy, capacity, and ancillary services revenue is still required to be provided by the bidder?

Answer: RFP respondents may opt not to provide projected revenues. Historical revenue data for existing facilities are required.

RUL 00017
Published On: 01/08/2024

Question: How will CRA as RFP Manager “coordinate all communication” between the DEI and respondents if Duke wants to do a self-build?

Answer: Any and all communications between respondents and the utility regarding this RFP will be submitted through CRA’s RFP Manager Email Address, posted on the RFP Website or communicated through a public bidder information session. Under no circumstance should respondents, including DEI affiliates, attempt to contact DEI employees involved in the evaluation of proposals and/or administration of the RFP directly with any matters related to this RFP. Until projects are selected for advancement to the final negotiations phase, CRA will monitor all bidder communications with DEI, which will go through CRA’s RFP Manager email account or RFP Website FAQ tool. DEI will not be aware of bidder identities as part of the RFP FAQ process.

A formal separation protocol and confidentiality screen was issued between the DEI Evaluation and DEI Proposal teams on November 10, 2023.

RUL 00018
Published On: 01/08/2024

Question: Could you please define "site control"? Appendix G mentions this, but does not define it. Is this the MISO site control requirements referenced in the RFP?

Answer: Please refer to FAQ GEN 00028.

RUL 00019
Published On: 01/08/2024

Question: In Appendix G, could you please elaborate on what is meant by a "developer placing projects into service" for purposes of assessing past experience? Do corporate affiliates' experiences count?

Answer: The 'Developer Experience' section of the Evaluation Criteria (Appendix G) aims to describe the evaluation of RFP respondents' experience in developing and operating generating facilities.

The Respondent will not have any points deducted in this category if they have developed and reached operation or operated a project or portfolio of projects totaling at least 1,000 MW-AC ICAP. 

Certain experience of corporate affiliates may be counted toward the MW ICAP target for evaluation in this category at the discretion of the RFP Manager. To have such experience potentially considered, clearly define the relationship of the RFP respondent and the affiliate as well as the basis for why the affiliate's experience should be considered. 

RUL 00020
Published On: 01/08/2024

Question: Is the RFP open to capacity-only product offers?

Answer: This RFP is not open to capacity-only product offers.

RUL 00021
Published On: 01/15/2024

Question: For projects located in IL and IN, would DEI entertain PJM thermal or renewable assets that can be imported to MISO? We have projects that could be of interest, including ones in or adjacent to DEI service areas.

Answer: DEI will consider resources outside LRZ6 only to the extent that there are insufficient resources by technology class bid into the RFP that are qualified to receive Zonal Resource Credits in MISO LRZ6.

RUL 00022
Published On: 01/31/2024

Question: With regards to Q&A RUL 00020, is this response true for both the intermittent and non-intermittent RFPs? i.e. a capacity-only product offer will not be accepted into either RFP.

Answer: Capacity-only offers will not be accepted into the intermittent or non-intermittent RFP. To avoid any confusion, the RFP processes are open to various resource types, including standalone storage, but not to capacity-only offers such as zonal resource credits only.

RUL 00023
Published On: 02/19/2024

Question: Will Duke be willing to extend the proposal due date?

Answer: The proposal due date will not be extended, but participants will have an opportunity to provide additional information after proposals are due. Please submit as complete a proposal as possible by the due date. You may be asked to clarify information or be requested to provide additional information after the due date.

RUL 00024
Published On: 02/19/2024

Question: In the Form Term Sheet for an Asset Sale, Duke requires that all title policy shall be complete as a closing deliverable, which means the project would have to be very advanced in design/development. Is Duke seeking projects like the aforementioned (late design/advanced development) or are you open to an earlier stage project in development that does not have all title complete?

Answer: The intermittent and non-intermittent RFP processes are open to both existing facilities and facilties in development. Per Appendix G (Evaluation Criteria), Section 2.3, the evaluation process will consider both interconnection and site control related milestones achieved to date for a project that has not reached its commercial operation date (“COD”).

Per Section 5.5 of the intermittent and non-intermittent RFP documents, Respondents shall assume that the acquisition of the facility would be closed and title transferred by the in-service target provided in Table 2 of the relevant RFP document.

RUL 00025
Published On: 02/21/2024

Question: Would it be acceptable to submit to the RFP and maintain dispatchability of the facility? We have steam/electric hosts that require that we run around the clock. We have a current PPA with public utility that allows for this and the Energy is just trued up via an FBT. Would this be acceptable?

Answer: Yes, it is acceptable for the bidder to maintain dispatchability of the facility.  Please describe in the bid the details of the commitments to hosts.  Ultimately, terms surrounding any financial transactions will be discussed during contract negotiations.  


RUL 00026
Published On: 02/22/2024

Question: We’re proposing an approved vendor which has 6 battery racks. Can Duke expand the Modular Enclosure BESS definition to include more racks, because the current definition really only suits small C&I BESS. In Exhibit A-1-2 - Indiana RFP BESS_EPC Agreement - Exhibit A-1-2 - Design Criteria - Electrical - Inverter Base Resources, Section 4 Power Conversion Stations, PCS is only mentioned as a part of a skid. We plan on submitting one of the approved PCS vendors where the PCS is built into the container. We will be marking up #3 of the acquisition term sheet but also wanted to submit a question to inquire about this.

Answer: It can be assumed that an enclosure with 6 racks is more like a modular enclosure than large and should be assumed to be modular depending on overall footprint.

RUL 00027
Published On: 04/08/2024

Question: Can you please provide us with an updated timeline to complete the Bid Evaluation Phase and begin the Due Diligence and Definitive Agreement Phase?

Answer: The Bid Evaluation Phase is expected to complete in early May at which time the Due Diligence and Definitive Agreement Phase will begin.

RUL 00028
Published On: 05/30/2024

Question: Can you provide an update on the bid evaluation timeline and where Duke is in the process?

Answer: Refer to FAQ RUL 00027. There is no additional update at this time.