2023 Long-Term Resource RFO
EBCE & SJCE are soliciting competitive proposals for the sale and purchase of long-term clean energy resources. All submissions are due by Tuesday, May 2, 2023 at 5pm PPT.
EBCE and SJCE are issuing this 2023 Long-Term Resource RFO to procure long-term clean generation and capacity resources to provide long-term clean energy hedges and Resource Adequacy (RA), and to contribute to EBCE’s and SJCE’s Renewable Portfolio Standard (RPS) and Integrated Resource Plan (IRP) obligations under SB 350, SB 100 and the CPUC’s Mid-Term Reliability Requirements.
EBCE & SJCE seek energy and related products from resources within or deliverable to the state of California. Projects must be larger than 5 MW in contract capacity and must begin deliveries no later than June 1, 2030.
EBCE & SJCE seek offers for the following products:
- As-Available RPS Energy
- As-Available RPS Energy plus Energy Storage
- Firm or Shaped RPS Product
- Stand-Alone Energy Storage Toll
Respondents may submit for as many or as few products as they wish, relative to their capabilities and expertise.
There will be a Respondent Webinar on Wednesday, April 12, 2023 at 11:00 AM PT to review key information in the protocol. All interested parties can register here.
RFO Schedule
The expected schedule for this RFO is as follows; all time listed in Pacific Prevailing Time (PPT):
| Date/Time | Event |
|---|---|
| Ongoing | Respondents may register online to receive notices regarding the RFO. |
| March 22, 2023 | EBCE/SJCE issue RFO. |
| March 31, 2023 | Offer forms and Pro forma offtake agreements posted to RFO website. |
| April 5, 2023, no later than 2pm | Deadline to submit questions for Respondent Webinar. |
| April 12, 2023, 11am | Respondent Webinar for RFO. |
| April 19, 2023, no later than 2pm | Final deadline to submit questions. |
| April 24, 2023 | EBCE/SJCE to post Q&A document, inclusive of all questions in by April 19. |
| April 26, 2023, no later than 2pm | Final deadline to submit Notice of Intent to Offer. |
| May 2, 2023, no later than 5pm | Offers due. Offers must be submitted via Dropbox, including all required files and related information. |
| June 5, 2023 | EBCE/SJCE identify shortlisted Respondents and Offers. |
| June 19, 2023 | Shortlisted Respondents required to sign exclusivity agreement and post shortlist deposit. |
| June 30, 2023 | Comprehensive redlines of pro forma agreements due for shortlisted Respondents. |
| July - October 2023 | Negotiations |
| November - December 2023 | Contract approvals by EBCE & SJCE Board of Directors. |
Note: The CCAs will fast track projects with earlier CODs and consider them on a more expedited timeline.
RFO Materials
- EBCE-SJCE 2023 Long-Term Resource RFO Protocol (PDF)
- Attachment A: Notice of Intent to Offer
- Attachment B: RFO Participation Agreement
- Attachment C: Offer Form 1
- Attachment D: Offer Supplement Requirements
- Attachment E.1: Term Sheet RPS and Proforma RPS Agreement (Product 1)
- Attachment E.2: Term Sheet RPS+Energy Storage and Proforma RPS plus Storage Tolling Agreement (Product 2)
- Attachment E.3: Term Sheet Clean Energy Hedge (Product 3)
- Attachment E.4: Term Sheet Stand-Alone Storage and Proforma Energy Storage Agreement (Product 4)
- Attachment F: Exclusivity Agreement
- Attachment G.1: EBCE Form of Letter of Credit
- Attachment G.2: SJCE Form of Letter of Credit
- Attachment H: Request for Local and Small Business Preference
- Webinar Recording: EBCE & SJCE's April 12, 2023 RFO Webinar
- Slides: EBCE & SJCE's April 12, 2023 RFO Webinar (PDF)
- Questions and Answers (PDF) for the 2023 Long-Term Resource RFO
RFO Provisions
- EBCE & SJCE audited financials are available upon request.
- Respondents who submit Offers agree to do so without legal recourse against EBCE and SJCE, their Boards, officers, employees, agents, advisors or contractors for rejection of their Offer(s) or for failure to execute a transaction for any reason.
- Respondent agrees that EBCE & SJCE will not be liable to any Respondent or party at law or in equity for any reason whatsoever for any acts or omissions arising out of or in connection with this RFO.
- By submitting its Offer, Respondent waives any right to challenge any valuation by EBCE & SJCE of any Offer of any Respondent or any determination of EBCE or SJCE to select or reject any Offer of any Respondent or take any action contemplated by this RFO, any other decision of EBCE or SJCE contemplated by this RFO or any resulting transaction related to a selected Offer.
- Each Respondent, in submitting its Offer(s), irrevocably agrees and acknowledges that it is making its Offer(s) subject to and in agreement with the terms of this RFO.
- EBCE & SJCE will only accept questions from Respondents through the appropriate communication channels and up to the deadline to submit questions noted in the RFO schedule. All answers will be compiled into a document and posted to the RFO website. EBCE & SJCE reserves the right to combine, rephrase, or not respond to some questions.
- All questions and materials received by EBCE & SJCE are subject to the confidentiality provisions in the RFO.
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