This is rejected for the purposes of this pilot because there was ample opportunity to raise this provision in Working Group meetings in preparation for filing AL 3292 et al. The topic was not raised and thus the impact not debated. To raise it in comments to this Resolution is too late for a provision that may impact the bidding and selection process. That said, we are open to entertaining this aspect of DRAM rules for any future solicitations beyond the pilot period. Flexible RA OhmConnect makes recommendations specific to the timing and process that the Commission should follow in approving the IOUs’ budgets for real time and ancillary services. Those recommendations are rejected, as the appropriate forum for making them is in Application (A.) 14-06-001, and not in response to this Resolution. However, we are sympathetic to OhmConnect’s concern that a DRAM Seller that is awarded a contract to provide flexible capacity may be unable to deliver that capacity if the CPUC has not yet approved the IOUs budgets for real time and ancillary services, or if the IOUs have not yet enabled the functionality before deliveries under the DRAM 2 contract are meant to commence. Thus, we believe it is reasonable to amend the pro forma contract to exempt Sellers from any associated obligations or penalties. New subsection (c) is to Section 1.5 of the pro forma contract as follows: (c) In the that the CPUC does not approve Buyer’s request for funding to support real time and ancillary services capability and the Buyer has not yet enabled real time or ancillary services functionality, by the time that the DRAM Resource is offered into the CAISO market, on or after January 1, 2017 per the terms of this agreement, Buyer shall provide notice to Seller and Seller shall be exempt from both any obligation to provide flexible capacity and any associated penalties. Once Buyer has enabled real time or ancillary services functionality and Sellers are able to provide flexible capacity to the CAISO market, this section shall have no further effect. (d) Seller’s exercise of its rights Section 1.5(b) with respect to a particular Product Monthly Quantity for a particular type of Product or Buyer’s Seller’s exercise of its rights under Section 1.5(c) will not be
This is rejected for the purposes of this pilot because there was ample opportunity to raise this provision in Working Group meetings in preparation for filing AL 3292 et al. The topic was not raised and thus the impact not debated. To raise it in comments to this Resolution is too late for a provision that may impact the bidding and selection process. That said, we are open to entertaining this aspect of DRAM rules for any future solicitations beyond the pilot period. Flexible RA OhmConnect makes recommendations specific to the timing and process that the Commission should follow in approving the IOUs’ budgets for real time and ancillary services. Those recommendations are rejected, as the appropriate forum for making them is in Application (A.) 14-06-001, and not in response to this Resolution. However, we are sympathetic to OhmConnect’s concern that a DRAM Seller that is awarded a contract to provide flexible capacity may be unable to deliver that capacity if the CPUC has not yet approved the IOUs budgets for real time and ancillary services, or if the IOUs have not yet enabled the functionality before deliveries under the DRAM 2 contract are meant to commence. Thus, we believe it is reasonable to amend the pro forma contract to exempt Sellers from any associated obligations or penalties. New subsection (c) is to Section 1.5 of the pro forma contract as follows: (c) In the that the CPUC does not approve Buyer’s request for funding to support real time and ancillary services capability and the Buyer has not yet enabled real time or ancillary services functionality, by the time that the DRAM Resource is offered into the CAISO market, on or after January 1, 2017 per the terms of this agreement, Buyer shall provide notice to Seller and Seller shall be exempt from both any obligation to provide flexible capacity and any associated penalties. Once Buyer has enabled real time or ancillary services functionality and Sellers are able to provide flexible capacity to the CAISO market, this section shall have no further effect. (d) Seller’s exercise of its rights Section 1.5(b) with respect to a particular Product Monthly Quantity for a particular type of Product or Buyer’s Seller’s exercise of its rights under Section 1.5(c) will not be