DEGREE OF FAIRNESS OF PROJECT Sample Clauses

DEGREE OF FAIRNESS OF PROJECT. SPECIFIC NEGOTIATIONS Xxxxxx observed only one negotiation session between the PG&E and NextEra teams in the summer of 2013. NextEra requested very few changes from the version of PG&E’s Form Agreement provided to the seller in July (this probably accounts for the limited number of discussions), and most of those requests for modifications were rejected by the utility. Instead, most of the variances from the Form Agreement were introduced by PG&E, apparently in an effort to ensure that, in the interest of fair treatment, there were no significant disparities in treatment of NextEra vs. other sellers with whom the utility was negotiating in parallel. ' ' '' The NextEra PSA may usefully be compared to two bilaterally negotiated contracts that PG&E signed with Barclays Bank PLC in 2010, which were amended earlier in 2010. While the Barclays transactions were to sell firmed-and-shaped bundled RPS-eligible energy to PG&E for a shorter delivery term, they are somewhat analogous to the NextEra PSA in the nature of benefits. The confirmation agreements with Barclays did specify particular generation projects to deliver the product; this was consistent with the nature of the deliverables as firmed bundled RPS-eligible energy. ' It appears that the NextEra contract has stronger ratepayer protections in these specific areas than these older Barclays agreements that were recently amended. Xxxxxx did not observe PG&E providing NextEra with non-public information that advantaged it against competing sellers. Because PG&E approached several possible intermediaries seeking to purchase unbundled RECs on a bilateral basis, Xxxxxx does not believe that NextEra was singled out for favored treatment or that other market participants were disadvantaged by the choice to conduct bilateral negotiations with NextEra. Furthermore, any market participant could have chosen to offer Category 3 RECs into PG&E’s 2012 RPS RFO '' Because of PG&E’s effort to minimize disparate treatment of sellers whose PSAs were developed in parallel with the NextEra PSA, in Xxxxxx’x opinion the negotiations with NextEra were conducted fairly with respect to competitors. The remaining disparities among the NextEra, Iberdrola, and Sterling Planet PSAs do not seem sufficient in likely impact to lead Xxxxxx to regard NextEra and Sterling Planet as having been competitively disadvantaged. One issue with the NextEra negotiation is whether the modifications that PG&E introduced to ensure greater fairness in its ...
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