DUKE ENERGY OHIO INC.'S CBP SSO AUCTIONS
General
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GEN 00001 (revised 02/26/2020)
Published On: 11/10/2011

Question: Following an auction, which parties can make a determination that the CBP rules were violated?

Answer: Either the Independent Auction Manager (CRA) or the Auction Consultant retained by the Public Utilities Commission of Ohio can determine whether the CBP rules were violated.

GEN 00006 (revised 04/01/2015)
Published On: 11/10/2011

Question: Does the tranche size presented in the Bidder Information Session for each auction represent the amount of load not being served by CRES suppliers?

Answer: The load data used to estimate the tranche size reflects the percentage of load not served by CRES providers.

GEN 00007 (revised 07/26/2018)
Published On: 11/10/2011

Question: Does the capacity obligation included in the Bidder Information Session Presentation reflect UCAP or PLC?

Answer: The capacity figures reflect UCAP.

GEN 00008
Published On: 11/11/2011

Question: Will a Microsoft Word version of the Part 1 Application be made available?

Answer: The Part 1 and Part 2 Applications are available for completion via an online process, which can be accessed through the Duke Energy Ohio, Inc. Auction Website. So as to allow the Auction Manager to ensure consistency with regard to the content of the applications submitted by prospective or qualified bidders, it is not anticipated that Word versions of the applications will be provided.

GEN 00009 (revised 04/01/2015)
Published On: 11/15/2011

Question: Is the energy tranche size posted on the News page an estimate of average load, peak load, or something else?

Answer: The energy tranche size estimate announced on the News page of this Information Website prior to each auction is an estimate of Duke Energy Ohio, Inc.'s unswitched customer loads consistent with the 5 highest PJM peak load occurrences seen the prior year on the PJM system.

GEN 00010 (revised 04/01/2015)
Published On: 12/02/2011

Question: If a customer switches and then comes back to Duke Energy Ohio, Inc., does this customer load then become part of the SSO load?

Answer: Yes.

GEN 00011 (revised 04/01/2015)
Published On: 12/05/2011

Question: Will Duke Energy Ohio, Inc. charge its default service customers a utility/administrative adder within its rates? If so, how much do you expect it to be and will it be bypassable?

Answer: Costs incurred by Duke Energy Ohio, Inc. in serving any defaulted load will be recovered via Rider SCR. Upon its implementation, this rider will be bypassable. However, there are Commission-authorized circumstances pursuant to which Rider SCR would be non-bypassable. Further detail on Duke Energy Ohio, Inc.'s riders under the electric security plan that took effect on January 1, 2012 (PUCO Case No. 11-3549-EL-SSO) may be found in the Stipulation and Recommendation filed on October 24, 2011, and approved by the PUCO on November 22, 2011.

GEN 00013 (revised 04/01/2015)
Published On: 12/07/2011

Question: In the PIPP data provided, it appears as though there was growth from 2010 to 2011. Was this a result of more customers joining the program? Are data or any additional information available for customers either already in the program or joining the program going forward?

Answer: A month-to-month comparison of the number of PIPP customers shows that PIPP enrollment increased by about fifteen percent, on average, from 2010 to 2011. Total PIPP load depends on the number of customers enrolled in the program and other factors such as the weather in a given year. Duke Energy Ohio, Inc. does not have projections of future PIPP participation or load.

GEN 00016
Published On: 12/09/2011

Question: What are the Ohio rules for retail switching? Are there rules in place that prevent customers from returning to, or would delay eligibility to return to, Duke Energy Ohio, Inc. Standard Service once they have switched to Competitive Retail Electric Service Suppliers? If so, would this differ by rate class?

Answer: Customers leaving or returning to Duke Energy Ohio, Inc.'s system must do so from one scheduled meter reading date to the next. Switching between meter read cycles is not permitted. Further, a twelve-calendar day rule is followed for enrollment and drop effective dates. Consequently, EDI transactions received twelve or more days prior to the next scheduled meter reading date are effective on the next scheduled meter reading date. EDI transactions received eleven calendar days or less prior to the next scheduled meter reading date are effective on the second scheduled future meter reading date. 

Duke Energy Ohio, Inc. does not have a minimum stay provision effective January 1, 2012.

Duke Energy Ohio, Inc. cannot speak to the restrictions or limitations that a competitive retail electric service provider may contractually impose.

Further information can be found in the rules and regulations of the Public Utilities Commission of Ohio, as set forth in the Ohio Administrative Code.

GEN 00018
Published On: 03/19/2012

Question: Do you have "shadow settlements"?

Answer: No.

GEN 00019
Published On: 03/19/2012

Question: When is the actual value of metered load delivered to the suppliers?

Answer: The metered load backcasted/estimated loads are electronically sent to PJM daily and settled with actuals 60 days later. Supplier data is available through PJM.

GEN 00020
Published On: 03/19/2012

Question: Is pricing information on ancillaries available?

Answer: Historical ancillaries are available on the PJM website.

GEN 00021
Published On: 05/17/2012

Question: In FAQ AGR 00008, it is noted that SSO suppliers are responsible for supplying all SSO load associated with existing and returning SSO customers. Suppliers will be paid a price based on the auction regardless of the prevailing LMP. How is a returning customer defined? Is it a customer that as in the SSO pool during the auction or can a returning customer be from a previous auction's pool?

Answer: A returning customer is one who comes back to Duke Energy Ohio’s standard service offer, consistent with existing tariffs. The length of time that a customer may have been served by an alternative supplier is irrelevant to this definition. Thus, a returning customer is not required to be a standard service offer customer on the day of the auction.  Selected suppliers are responsible for each contracted tranche (or 1% of the total standard service offer load obligation) and associated customer load changes due to returning customers for the entire contract duration period.

GEN 00022
Published On: 05/17/2012

Question: Suppose a customer migrates back into the SSO pool after the conclusion of the auction and after the auction price has been set. Would this customer purchase power from suppliers (through Duke Energy Ohio, Inc.) at the auction price or at the prevailing market price at the time they opt back into the SSO program? And if they receive a new price - how is that price determined?

Answer: Standard service offer customers will be charged consistent with the prevailing rates, as approved by the Commission. The charges are based upon the wholesale auction results and converted to retail rates as described in the testimony filed under PUCO Case No. 11-3549-EL-SSO. Returning standard service offer customers do not receive a new price, adjusted for market conditions as of the date of their return.

GEN 00023 (revised 03/07/2016)
Published On: 09/11/2012

Question: What type of customer load will SSO Suppliers serve? Is it residential, commercial or industrial?

Answer: SSO Suppliers will serve a slice of Duke Energy Ohio, Inc.'s SSO load. As set forth in Article I of the Master Standard Service Offer Supply Agreement, SSO Customers include Residential Customers, Commercial Customers, Industrial Customers and Lighting Customers, including Special Contract Customers, but excluding interruptible service customers taking SSO Supply from Duke Energy Ohio during the Delivery Period when either PJM or Duke Energy Ohio calls for an interruption.

GEN 00024 (revised 07/26/2018)
Published On: 10/26/2015

Question: Can you provide potential dates when PIPP aggregation is likely to occur in the Duke Ohio territory?

Answer: On March 2, 2016 the PUCO issued an Order on PIPP Aggregation Information on any upcoming PIPP RFP’s will be posted on Duke Energy Ohio, Inc.’s PIPP RFP information website, which can be found here: www.duke-energyohiopipp-rfp.com

GEN 00025
Published On: 01/28/2016

Question: Are historical ancillary service charges available by line item? If so, where can they be found?

Answer: Yes. The historical ancillary service charges are available on the following website: http://www.pjm.com/markets-and-operations/ancillary-services.aspx

GEN 00026 (revised 03/04/2016)
Published On: 03/04/2016

Question: Can a PIPP customer be reclassified as an SSO customer during the delivery term of the upcoming SSO procurement? If so, what are the rules that determine the classification of PIPP customers?

Answer: There are a number of ways in which customers migrate on and off PIPP.  However, the overall population of PIPP customers is relatively stable. 

GEN 00028 (revised 07/26/2018)
Published On: 03/08/2016

Question: Could you clarify what would happen if a PIPP supplier defaults? 

Answer: In the event the PIPP supplier selected from the RFP defaults prior to or during the delivery of PIPP Load requirements, Duke Energy Ohio will implement a contingency plan for PIPP Load. Under that plan, PIPP Load supply requirements will be met either by current SSO Suppliers or through PJM-administered markets. Additional costs incurred by Duke Energy Ohio in implementing the contingency plan will be assessed first against the defaulting supplier’s credit security, to the extent available. PIPP load will not revert back to the Standard Service Offer.

GEN 00036
Published On: 02/03/2023

Question: Can you provide the capacity proxy price that will be used for the auction?

Answer: Duke Energy Ohio does not currently have an approved capacity proxy price mechanism.  CRA will make an announcement soon related to the BRA and Duke's February auction.

GEN 00037
Published On: 02/16/2024

Question: Have any new rules been put in place as a result the substantial amount of migration seen in 2022 and 2023 (migration into standard service in 2022 and migration out of standard service in 2023)? I.e. is there a minimum stay requirement for customers on standard service, or when a customer leaves standard service can they not return for a certain amount of time?

Answer: During the past 18 months, the PUCO ordered EDUs to update their tariffs to address the return of customers to the SSO—the Commission referred to these as “minimum stay provisions.” For Duke Energy Ohio, this filing was made in PUCO Case No. 22-1129-EL-ATA. Duke updated their electric tariff to reflect Commission Staff-approved language regarding a “stay out period” for governmental aggregators returning more than 5,000 customers to the SSO prior to the end of an aggregation term. The aggregator cannot offer a new opt-out aggregation for at least 12-months. This is aggregator-specific and does not prevent the individual customers from shopping.

Bidding Rules
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RUL 00001
Published On: 11/10/2011

Question: When will winning suppliers be notified if any Reservation Prices have been met for products offered in the auction?

Answer: As stated in Section 5.1.3 of the Bidding Rules, following the auction, the Auction Manager will inform bidders via the Bidding Website if the Reservation Price for each product has been met.

RUL 00002
Published On: 12/12/2011

Question: Does CRA or Duke Energy Ohio, Inc. plan on releasing a formula for calculating the number of excess tranches for each round of the auction? This would be something similar to what is done in other descending clock auctions for utilities in Pennsylvania and New Jersey.

Answer: An indication of the level of overall and excess demand will be provided to bidders through the Bidding Website following each round of the auction.  Please refer to the Bidding Rules for additional information.

RUL 00003 (revised 02/06/2015)
Published On: 05/17/2012

Question: Is there any way to increase the # of tranches, or blocks of energy, that we can offer after the close of the Part 2 Application process?

Answer: No.  Eligibility to bid in the auction is set based on the indicative offer submitted as part of the Part 2 Application and cannot be changed after Part 2 closes.

Data
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DAT 00002 (revised 04/01/2015)
Published On: 11/10/2011

Question: What is current percentage of shopping customers?

Answer: Information relating to shopping and non-shopping customers is posted to the Load and Other Data page of this Information Website.

DAT 00003 (revised 07/26/2018)
Published On: 11/15/2011

Question: Can Duke Energy Ohio, Inc. provide guidance on how it calculated the Peak Load Share (PLC) reflected in the Bidder Information Session presentation?

Answer: Duke Energy Ohio, Inc. calculates PLCs for all customers on its system using the 5 CP method. Suppliers can determine PJM's 5 peaks from data available at: http://www.pjm.com/markets-and-operations/energy/real-time/loadhryr.aspx. From this information, suppliers can use the 5 PJM peak hour date/times and get each customer class peak coincident with the PJM peaks from data available at: http://www.duke-energyohiocbp.com/Documents/LoadandOtherData.aspx, by accessing the Historical Hourly Loads by Class file. Suppliers can then use scaling factors and other required values currently in effect to estimate the PLC for each customer class. For more information on how all the PLC calculations work, please see PJM Manual 18, available at: http://pjm.com/~/media/documents/manuals/m18.ashx.

DAT 00004 (revised 02/15/2018)
Published On: 11/17/2011

Question: Does the hourly load file by class contain transmission and distribution losses?

Answer: Yes, the hourly load file labeled "Historical Hourly Loads by Class" contains transmission and distribution losses.

DAT 00005 (revised 02/20/2019)
Published On: 11/21/2011

Question: In the published historical load data, is PIPP load currently in standard offer usage or switched usage?

Answer: Through September 2018, PIPP load is included in the RS rate class in the standard offer usage of the "Historical Hourly Loads by Class" document. Starting on October 1, 2018, PIPP load is included in the switched usage load.

DAT 00008 (revised 04/01/2015)
Published On: 11/22/2011

Question: How does the hourly load data on the CBP Information Website align with PJM data? For instance, has the load been derated for marginal losses?

Answer: Data that was sent to PJM via eSchedules starting 1/1/2012 includes losses. The data included in the "Historical Hourly Loads by Class" document on this Information Website includes transmission and distribution losses. 

DAT 00010 (revised 04/17/2015)
Published On: 11/28/2011

Question: Are "Voltage Customers in Excess of 10 MW" currently included in the Standard Service Offer (SSO) load or switched load? Which rate class(es) are these customers in?

Answer: Of the eighteen accounts that are greater than 10 MW in size:

  • Fifteen accounts are switched load.
  • Fourteen accounts take service under Rate TS (Service At Transmission Voltage).
  • Two accounts are served under Rate DP (Service At Primary Distribution Voltage).
  • Two accounts take service under Rate DS (Service At Secondary Distribution Voltage).

DAT 00012 (revised 02/15/2018)
Published On: 11/28/2011

Question: Can you please post the transmission losses so we can properly calculate the load being served at the Duke Load Zone level?

Answer: Loss factors are as follows:

Distribution is 1.03552

Transmission is 1.03314

DAT 00013 (revised 04/01/2015)
Published On: 11/28/2011

Question: Do the loads provided contain all customers in each class? For example, are all industrial customers included in the industrial class load data or are the loads for certain customers excluded?

Answer: The load data contained in the "Historical Hourly Loads by Class" document represent the state of enrolled customers, their assigned rate class, recorded hourly usage, applicable loss factors, and enrollment status.  No retail customers are excluded from the report.

DAT 00014 (revised 04/01/2015)
Published On: 11/28/2011

Question: PJM has posted the UCAP Obligation for the DEOK (Duke Energy Ohio, Inc. Kentucky) Zone for Jan 1 – May 31, 2012, for the 2012/2013 planning year and for the 2013/2014 planning year. These are available at the following location: http://www.pjm.com/markets-and-operations/rpm/~/media/markets-ops/rpm/rpm-auction-info/duke-ucap-obligation-for-integration.ashx. How does the UCAP obligation in PJM’s posting relate to the total (both shopping and non-shopping customers) Duke Energy Ohio, Inc. load?

Answer: The estimate of the relevant capacity and energy obligation (tranche size) for SSO load was posted to the Duke Energy Ohio, Inc. CBP Information Website on November 10, 2011.  Please refer to the “News” section of this Information Website for further information.

DAT 00015
Published On: 12/02/2011

Question: Can you provide a breakdown of usage and customer counts for the customers above 10MW that are shopping and non-shopping?

Answer: Consistent with the Bidding Rules for Duke Energy Ohio, Inc.’s Competitive Bidding Process Auctions, Duke Energy Ohio, Inc. provided peak load and hourly consumption information for these customer accounts and specific load data attributed to each customer account will not be provided.

DAT 00016
Published On: 12/02/2011

Question: In calculating the Peak Load Share (PLC), Duke Energy Ohio, Inc. indicated it uses the 5 coincident peak (CP) method. Does Duke Energy Ohio, Inc. add back curtailed load for these top 5 hours prior to calculating PLC and NSPL values?

Answer: Yes. For PLC calculations, Duke Energy Ohio, Inc. adds back load adjustments for accounts on load curtailment programs, which participated in a curtailment event, during any of the 5 peak intervals.

DAT 00017
Published On: 12/02/2011

Question: In the “Historical Hourly Loads by Class” file, a time series is provided of customer counts by rate class. Can you please classify which rate classes (RS, DS, DM, DP, TS, OTHER) fall into Residential, Commercial, Industrial and OPA definitions?

Answer:

Residential: Rate Class RS

Industrial and Commercial: Rate Classes DS, DM, DP, and TS

OPA: Rate Class DS, DM, DP, and TS

DAT 00018 (revised 04/01/2015)
Published On: 12/02/2011

Question: In the “Customer Counts” file, counts are provided for the OPA customer type. Can you please provide a description for this type and/or define which rate classes (as defined in the “Historical Hourly Loads by Class” file) make up this customer type?

Answer: "OPA" is an abbreviation for Other Public Authority. The OPA customer type includes Rate Classes DS, DM, DP, and TS.

DAT 00019 (revised 05/13/2015)
Published On: 12/02/2011

Question: What is the time zone and DST indicator for the usage information provided in the "Historical Hourly Loads by Class" files?

Answer: Eastern Standard Time

DAT 00021 (revised 04/01/2015)
Published On: 12/02/2011

Question: You state in your November 28, 2011 News item, “based on historical data, the energy obligation is approximately 16.47 MW per tranche”. What specific historical date is the calculation of 16.47 MW based upon?

Answer: The energy obligation of approximately 16.47 MW per tranche stated in the November 28, 2011, News item was calculated using Duke Energy Ohio, Inc. data during the five highest coincident peaks experienced by PJM.

DAT 00022 (revised 04/01/2015)
Published On: 12/05/2011

Question: Comparing the off-service “Residential” counts provided in the “Choice Switching History” file to the off-service “RS” counts in the “Historical Hourly Loads” file, there are discrepancies in the values. Can you please explain the difference in the methodology in measuring the two count values?

Answer: The "Choice Switching History" file (posted as "Monthly Switching Statistics") and the "Historical Hourly Loads" file are not intended to reflect identical information. Hourly load data reflects actual customer choice power flow for a month, while the choice switching history is predicated upon enrollment activity occurring as of a certain date.

DAT 00024
Published On: 12/05/2011

Question: The November 28, 2011, News item states: “based on historical data, the energy obligation is approximately 16.47 MW per tranche”. This is based on the 5 CP method. However, the SSO load obligation continually changes as a result of migration to CRES suppliers. So does the 16.47 MW represent the SSO obligation (and migration level) as of November 28th or some other date?

Answer: The information was based upon the 2010 5 CP data and enrollments as they existed on August 1, 2011.

DAT 00026
Published On: 12/06/2011

Question: How does Duke Energy Ohio, Inc. calculate PLCs for interval metered and non-interval metered customers?

Answer: The following methodology is used to calculate PLCs for interval metered and non-interval metered customers:

  • Duke Energy Ohio, Inc. calculates individual PLCs for all customers on the system.
  • A customer may be an individual retail customer, or a large discreetly metered municipality.
  • In all, there are approximately 700,000 customers for whom PLCs are calculated.
  • Duke Energy Ohio, Inc. utilizes customer load at the time of the 5 CPs provided by PJM as the basis for the PLC calculation.
  • Demand Response provided by customers is added back to their hourly load values prior to making the PLC calculation, if that customer is claiming that demand response as capacity (this includes behind the meter generation).
  • Duke Energy Ohio, Inc. utilizes the weather normalized peak value provided by PJM, as the basis for its weather normalization factor (the average of the 5 system peaks is scaled to be equal to the W / N peak provided by PJM).
  • Duke Energy Ohio, Inc. uses a bottom up methodology to calculate loads on the system. Interval metered customer load is directly measured. Non-interval customer loads are calculated by using load profiles produced from load research meters, and usage factors developed by comparing each customer’s usage to average of their rate class (RS, DS, DM, etc.).
  • Duke Energy Ohio, Inc. applies Transmission and Distribution losses to the customer loads.
  • Duke Energy Ohio, Inc. calculates unaccounted for energy on the system by comparing the bottom up load, plus losses, to the system load (generation minus metered ties). UFE is allocated to all non-interval metered customers on a load ratio share basis.
  • The proceeding methodology calculated a customer load for each hour. Loads for the 5 CPs are averaged, and subsequently adjusted by the weather normalization factor to produce a PLC.

DAT 00028 (revised 04/01/2015)
Published On: 12/07/2011

Question: In the " Prospective Municipal Aggregation - Monthly Usage (at the customer meter level)" file for customers that have not yet aggregated, what is the difference between "Retail" and "Shopper" in the "Choice" Column? Does "Retail" mean that the customer is being served by a competitive supplier and "Shopper" is a customer that is being served by Duke Energy Ohio, Inc. under SSO?

Answer: "Retail" customers are SSO customers of Duke Energy Ohio, Inc.  "Shopping" customers are customers who have migrated to CRES Suppliers.

DAT 00029 (revised 12/15/2014)
Published On: 12/08/2011

Question: What is the share of PIPP load for the residential classes in the “Municipal Aggregation - Monthly Usage (at the customer meter level)” file?

Answer: There are no PIPP customers in the "Municipal Aggregation - Monthly Usage (at the customer meter level)" file.

DAT 00031 (revised 04/01/2015)
Published On: 12/08/2011

Question: In the “Customer Counts” file as provided on the Information Website, the data description states that the customer counts are based on data for the 12 months ended [DATE]. Does this mean that customer counts are averaged over the most recent 12 months? Also, do the counts include all customers within the Duke Energy Ohio, Inc. service territory or only those currently being served by the default service?

Answer: The TOTAL NUMBER OF ACCOUNTS rows are the counts as of [DATE]. The size breakdowns (e.g., NO ACCOUNTS GREATER THAN 500 KW) are based on the period October 2010 through 2011. These rows represent the number of accounts with at least one billed monthly demand greater than or less than 500 kW.

The counts include all customers within the Duke Energy Ohio, Inc. service territory, i.e., shopper and non-shopper.

DAT 00032
Published On: 12/08/2011

Question: Can you provide historical hourly data for the DEOK zone?

Answer: Duke Energy Ohio, Inc. has provided three years of retail load by rate class, pursuant to the Bidding Rules.

DAT 00033
Published On: 12/08/2011

Question: Can Duke Energy Ohio, Inc. provide the weather normalization factor referenced in response to DAT 00026 for the 2011/2012 and the 2012/2013 planning years?

Answer: The requested information will not be provided as it is confidential and proprietary.

DAT 00034
Published On: 12/08/2011

Question: In response to DAT 00003, Duke Energy Ohio, Inc. states that suppliers can use historical customer class data during the 5 PJM peak hours in order to estimate the PLCs. However, in response to PJM 00005, Duke Energy Ohio, Inc. states that it will be calculating weather normalized peaks. Can you please help reconcile the difference between these two responses?

Answer: There is no discrepancy in the responses. Suppliers can use historical data during the 5 PJM peak hours to estimate PLCs. Insofar as it concerns Duke Energy Ohio, Inc.'s methodology, Duke Energy Ohio, Inc. also uses a weather normalized factor. Further reference is made to DAT 00026, which describes the methodology used by Duke Energy Ohio, Inc. to calculate PLCs for interval metered and non-metered customers.

DAT 00035 (revised 12/15/2014)
Published On: 12/09/2011

Question: Is the kWh data in the “Municipal Aggregation - Monthly Usage (at the customer meter level)” file grossed up for distribution and transmission losses, or is it at the retail meter?

Answer: The data is at the retail meter.

DAT 00036
Published On: 12/12/2011

Question: Has, or can, Duke Energy Ohio, Inc. provide historical daily PLCs for the SSO load (aka unswitched customers)?

Answer: The requested information does not exist.

DAT 00037 (revised 12/15/2014)
Published On: 12/12/2011

Question: DAT 00014 made reference to the information located at: http://www.pjm.com/markets-and-operations/rpm/~/media/markets-ops/rpm/rpm-auction-info/duke-ucap-obligation-for-integration.ashx. This information encompasses both Duke Energy Ohio, Inc. and Duke Energy Kentucky. How much of the Zonal Peak Load Forecast is attributable to Duke Energy Kentucky?

Answer: Non-public data about Duke Energy Kentucky will not be provided.

DAT 00038 (revised 04/01/2015)
Published On: 12/13/2011

Question: According to Section 4.1.1 of the Bidding Rules, Duke Energy Ohio, Inc. would provide NSPL for eligible and SSO load. Can you please point us to the NSPLs?

Answer: NSPLs are contained in the "Historical Hourly Load by Class" file on the "Supplier Documents" page of this Information Website and can be calculated by determining the peak hour for total loads for each of the past three years for the entire Duke Energy Ohio, Inc. load shown on the "Total Usage" tab under the column Total KWh. 

DAT 00039
Published On: 05/15/2012

Question: Can you provide the 2012/13 Planning Year Peak load Contributions (PLC) for shopping and non-shopping customers by rate class, based on customer switching as of May 1, 2012?

Answer: Duke Energy Ohio has provided historical and current hourly load and customer data by rate class that allows bidders to derive PLC and NSPL values.

DAT 00040
Published On: 05/15/2012

Question: The load data posted to the Information Website seem to show a decline in load by approximately 30% year over year. What is causing load to decline so rapidly? It seems to be too large to be weather variance.

Answer: Annual standard service offer load is a function of a range of factors, including weather conditions and customer migration to CRES providers.

DAT 00041 (revised 04/01/2015)
Published On: 05/21/2012

Question: In regards to the answer provided for the question DAT 00039, why will Duke not provide available PLC information? Auctions held in other states, as well as in Ohio, provide both current and historical PLC data for eligible and SOS load as well as current and historical NSPL data for eligible and SSO load. Other auctions also provide the next planning year's PLC and NSPL as soon as the data is available. This data is very helpful to suppliers and estimating the PLC only from hourly data will impact the price paid by ratepayers.

Answer: Duke Energy Ohio, Inc. only calculates PLC data historically. Duke Energy Ohio does not calculate the PLC until the end of each calendar year. Suppliers can perform the calculation with the data provided if they wish to do so.  See answers to questions previously provided in DAT 00003 and DAT 00039.

DAT 00044
Published On: 09/14/2012

Question: What are government aggregation contracts and is there a timeline for when these contracts expire?

Answer: Ohio law allows governmental entities to aggregate qualifying load within their jurisdictional boundaries. The requirements applicable to such aggregations may be found in the Ohio Revised Code and the Ohio Administrative Code. A governmental entity that proceeds, through aggregation, to arrange for supply with a competitive supplier would likely enter into a contract for that supply. Duke Energy Ohio is not a party to such contracts and thus cannot comment on the terms and conditions of same. Duke Energy Ohio further observes that such contracts should be a matter of public record.

DAT 00045 (revised 02/20/2019)
Published On: 11/05/2012

Question: Is PIPP load still included in the most recent standard offer RS load? Would you please provide most recent hourly PIPP load?

Answer: PIPP load is included in the standard service offer RS load through September 2018. As of October 1, 2018, PIPP load is included in the switched usage load. The hourly PIPP load data have been posted.

DAT 00046 (revised 09/05/2019)
Published On: 05/05/2015

Question: Does the posted historical hourly load data include unaccounted for energy (UFE)?

Answer: Yes; the posted historical hourly load data include UFE.

DAT 00048 (revised 07/26/2018)
Published On: 02/25/2016

Question: Is the PLC in the bidder information session presentation calculated for a specific date and is that PLC figure or the daily PLC data weather normalized?

Answer: The PLC is the annual PLC established during the annual PLC process.  The daily PLC’s are weather normalized.

DAT 00050 (revised 02/20/2019)
Published On: 12/20/2017

Question: Does the historical hourly load data on the website still include PIPP?

Answer: Yes. The historical hourly SSO load data does include PIPP Load. Through September 2018, PIPP load is included in the RS rate class in the standard offer usage of the "Historical Hourly Loads by Class" document. Starting on October 1, 2018, PIPP load is included in the switched usage load.

DAT 00051 (revised 09/05/2019)
Published On: 09/04/2019

Question: There is a step change in the customer counts across all customer segments between October 8, 2019 and October 9, 2019. What is the cause for this change?

Answer: Duke implemented a new system that went live between 10/8 and 10/9.  The new system eliminated redundant and inactive accounts.

DAT 00052
Published On: 02/17/2021

Question: Can Duke provide bidders with PY 21/22 PLCs based on the current mix of shopping and non-shopping customers?

Answer: PY 2021/2022 PLC for SSO load will depend on many factors including customer switching. The total PLC obligation will be 3,908.7.

DAT 00053
Published On: 02/03/2023

Question: Will the NSPL Peak be set based on a single CP or five CPs?

Answer: NSPL is set on a single CP.

DAT 00054
Published On: 02/03/2023

Question: Is the tag provided in the data on the website scaled? And if so can you provide additional detail on the scaling?

Answer: NSPL tags can be scaled, usually a very small percentage, as accounts are enrolled or dropped which changes the daily total NSPL calculation.  The NSPL value must meet the target set by PJM.

DAT 00055
Published On: 07/07/2023

Question: Can the utility provide the default PLC tags assigned to customers who don’t yet have their own tag, by customer class?

Answer: Below are the default tag values for delivery year 2023/2024:

PLC
Assignment Name / Assigned Amount (KWH)

DM0 / 3.059
DS4 / 23.4579
DS5 / 340.1187
FR0 / 37.2238
TL0 / 14.5998
RS5 / 2.4
RS6 / 3.5814
SL0 / 0
RS0 / 1.9611

NSPL
Assignment Name / Assigned Amount (KWH)

DM0 / 3.2439
DS4 / 26.6924
DS5 / 350.8346
FR0 / 35.9187
TL0 / 14.3407
RS5 / 2.6452
RS6 / 3.8757
SL0 / 0
RS0 / 1.9988

Credit
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CRE 00001
Published On: 11/21/2011

Question: Is an enforceability opinion required for a parent guaranty? If yes, is in-house counsel acceptable?

Answer: Yes to both questions.

CRE 00002
Published On: 12/02/2011

Question: SSO Suppliers have one day to meet margin calls with cash and an additional day to respond with Letters of Credit (depending on notification time). There does not appear to be a cure period for posting collateral. Is this understanding correct? Do Suppliers have the ability to work around potential operational delays?

Answer: The referenced requirement applies to calls received prior to 1:00 p.m., prevailing Eastern Time. For calls received after 1:00 p.m., prevailing Eastern Time, an additional day is provided. Section 5.7 of the Master SSO Supply Agreement states further that the period to provide collateral may be extended (in writing) by Duke Energy Ohio, Inc. and that the period for return of collateral may be extended (in writing) by the SSO supplier, and, in each case, a one-day extension will not be unreasonably denied.

CRE 00003
Published On: 03/13/2012

Question: Our company would like to use a BBB- rated parent company to provide security. What are the options for the use of a Parental Guaranty for the pre-bid security or other collateral requirements? Can you please point me to a description of the credit requirements and options?

Answer: Applicants can have a third party act as a guarantor.  In this case, if they want to use a BBB- S&P rated company as their parental guarantor, they need to fill out Section 1.8 "Guarantor Information" to indicate that they are using a guarantor during the Part 1 Application process.  During the Part 2 Application process, they can provide a "Letter of Intent to Provide a Guaranty" from the guarantor to satisfy the need for additional Pre-Bid Security.

CRE 00004
Published On: 05/01/2012

Question: Can an SSO Supplier (winning bidder in the auction) who initially submits an SSO Supplier Letter of Credit to satisfy the creditworthiness requirements of the Master SSO Supply Agreement, later replace the SSO Supplier Letter of Credit with acceptable guarantees from a creditworthy Guarantor?

Answer: Provided a supplier meets all applicable requirements, they can subsequently replace a letter of credit with a guarantee. 

CRE 00005
Published On: 01/14/2022

Question: In the event of a new award in the upcoming solicitation, will current suppliers be allowed to amend existing parental guaranties to satisfy applicable credit requirements?

Answer: Yes, Duke Energy Ohio will allow current suppliers to amend existing parental guaranties to satisfy applicable credit requirements with a couple of caveats.

Please check that your current parental Guaranty includes the following bolded language in paragraph 2: “WHEREAS, Duke Energy Ohio has entered into or will be entering into one or more Master Standard Service Offer Supply Agreements (each individually and collectively, the “Agreement”).” If the current Guaranty does not include this language, your amendment to the existing Guaranty must incorporate this update.

Please also note, the Master SSO Agreement’s Section 5.6(f) enforces the credit limit to apply to both ICT guaranty and TEA guaranty.

PJM
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PJM 00001 (revised 04/01/2015)
Published On: 11/10/2011

Question: Has the Fixed Resource Requirement (FRR) Integration Auction occurred to determine capacity prices for Duke Energy Ohio, Inc.? If not, when is this expected to occur?

Answer: There was no integration auction relative to Duke Energy Ohio, Inc.'s transition to PJM Interconnection, LLC.

PJM 00004 (revised 04/01/2015)
Published On: 12/02/2011

Question: Does Duke Energy Ohio, Inc. provide a "Supplier Operating Manual" detailing procedures for determining Peak Load Contributions for Capacity, Transmission, and Hourly Energy?

Answer: Duke Energy Ohio, Inc. does not provide a "Supplier Operating Manual" detailing procedures for determining Peak Load Contributions for Capacity, Transmission, and Hourly Energy.

PJM 00005
Published On: 12/02/2011

Question: Based on the methodology listed in response to FAQ DAT 00003, the 5 coincident peak hours of the historical data set will be different from the PJM derived weather normalized peak. Will Duke Energy Ohio, Inc. provide the implied daily zonal scaling factor as a result of this difference?

Answer: Duke Energy Ohio, Inc. is weather normalizing.

PJM 00006 (revised 04/01/2015)
Published On: 12/02/2011

Question: Will the PJM eSchedule between Duke Energy Ohio, Inc. and the SSO Supplier be a real-time settled Retail Load Responsibility eSchedule? If not, please explain what form it will take.

Answer: Yes. The PJM eSchedule between Duke Energy Ohio, Inc. and the SSO Supplier will be a real-time settled Retail Load Responsibility eSchedule.

PJM 00007 (revised 12/15/2014)
Published On: 12/02/2011

Question: Please provide Final Zonal Capacity Prices by delivery year (in $/MW-day) for the Capacity that each Supplier shall purchase from Duke Energy Ohio, Inc. necessary to fulfill the Capacity obligation associated with Supplier’s SSO Supplier Responsibility Share.

Answer: Please see the PJM website for specific RPM and final zonal capacity price information that is available at this time.

http://www.pjm.com/markets-and-operations/rpm.aspx

PJM 00008 (revised 07/26/2018)
Published On: 12/05/2011

Question: Can Duke Energy Ohio, Inc. provide planning year PLC and NSPL values for shopping and non-shopping customers by rate class?

Answer: The requested information is not available.

PJM 00010
Published On: 12/08/2011

Question: Can you please provide the PJM load deration factor(s) for DEOK Zone?

Answer: Please see updated response to AGR 00004.

PJM 00015
Published On: 12/12/2011

Question: Will the SSO Supplier or Duke Energy participate in the ARR allocation process and get the associated ARRs for the SSO load?

Answer: See the Master SSO Supply Agreement, Section 3.1 and Attachment F thereto. The Sample PJM Invoice identifies the SSO Supplier as responsible for credits for Line Item 2510, Auction Revenue Rights.

PJM 00016 (revised 05/05/2015)
Published On: 05/05/2015

Question: Can you please confirm that, due to PJM’s implementation of residual pricing, SSO suppliers will settle “DEOK_RESID_AGG” starting June 1, 2015?

Answer: Yes; SSO/POLR suppliers will settle at the “DEOK_RESID_AGG” price starting June 1, 2015 due to PJM’s implementation of residual pricing.

PJM 00017
Published On: 03/12/2016

Question: Since the new SSO load going forward will not contain PIPP load, and load from previous auctions did include PIPP, will the new load without PIPP be assigned a separate subaccount in PJM for those suppliers that serve load in both?

Answer: Duke Energy Ohio does not presently know how that portion of the PIPP load to be segregated for auction purposes will be identified in PJM accounts.  As final determinations are made and should such determinations require a change in subaccounts, Duke Energy Ohio will inform affected suppliers.

PJM 00018
Published On: 02/19/2018

Question: Will Duke be participating in the PJM ARR auction for PY 18/19 load being awarded in the upcoming CBP Auctions in February 2018? If not, will winners have enough time/details to participate on their own behalf?

Answer: Duke Energy Ohio will not be participating in the ARR process on behalf of SSO Suppliers.  The intent of completing both of 2018's auctions in February was to allow suppliers to participate on their own.

PJM 00019
Published On: 09/21/2018

Question: Are SSO suppliers or is Duke Energy Ohio responsible for new PJM line items 1108A and 1115?

Answer: Duke Energy Ohio is responsible for the line items.

Master SSO Supply Agreement
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AGR 00001
Published On: 11/10/2011

Question: Does the person who executes the Master Supply Agreement need to be the Officer who signs, or the Authorized Representative or Delegate indicated in, the Part 1 and Part 2 Applications?

Answer: The person who signs the Master SSO Agreement does not need to be the same person who has been designated as the Authorized Representative during the auction process.  The signatory needs to be someone how has the authority to legally bind the Supplier so that the Supplier complies with the Representations and Warranties in Section 8.2 of the Master SSO Supply Agreement.

AGR 00002
Published On: 11/10/2011

Question: Are SSO suppliers responsible for Network Integration Transmission Service (NITS) charges?

Answer: As outlined in Section 3.2 of the Master SSO Supply Agreement, Duke Energy Ohio, Inc. is responsible for NITS charges effective January 1, 2012.

AGR 00003 (revised 12/15/2014)
Published On: 11/17/2011

Question: Please explain the relationship between Default Damages and Settlement Amount in the context of the last sentence of the definition of "Settlement Amount" in the Master SSO Supply Agreement. That sentence states: "The calculation of Settlement Amount with respect to an Early Termination shall exclude Default Damages calculated pursuant to Section 7.3(a)."

Answer: Default Damages and Settlement Amount are two separate calculations that take different factors into account (see definition of both in the Master SSO Supply Agreement).  In the event of a termination, both would be included in the calculation of a Termination Payment.

AGR 00004 (revised 04/01/2015)
Published On: 11/22/2011

Question: On what volume of load will the SSO Supplier be paid as described in 6.1 (a) of the Master SSO Supply Agreement? It is clear that the SSO Supplier will be responsible for serving the SSO Supply which includes transmission and distribution losses; however it is not clear if the SSO Supplier will be paid on this same volume or the smaller metered value.

Answer: SSO suppliers are required to deliver sufficient energy to the DEOK delivery point to meet all SSO load requirements. Suppliers will be paid for all MWh delivered to the DEOK delivery point. The load at the DEOK delivery point represents customer metered load plus distribution losses ( or "SSO Load") and will be the basis for financial settlements to SSO suppliers.

AGR 00005 (revised 12/15/2014)
Published On: 11/28/2011

Question: Attachment F of the Master SSO Supply Agreement shows ID#1371 and 1376 as the responsibility of the SSO Supplier. On the PJM website, under the 'DEOK LSE Billing Line Item Transfer Inventory', these items are documented as a Duke Energy Ohio, Inc. responsibility. Which is correct? Will the SSO Supplier be responsible for these two items?

Answer: Wholesale suppliers will be responsible for the Line Item Nos. 1371 (Day-ahead Operating Reserve for Load Response) and 1376 (Balancing Operating Reserve for Load Response). Duke Energy Ohio, Inc. will be responsible for charges that result from PJM’s implementation of its revised Economic Load Response program, in compliance with FERC Order No. 745. 

AGR 00006
Published On: 12/02/2011

Question: Section 7.1(i) of the Master SSO Supply Agreement states: An “Event of Default” shall mean with respect to a Party (the “Defaulting Party”) the occurrence of any of the following: (i) PJM holds Duke Energy Ohio, Inc. responsible for the provision of SSO Supply, including Energy, Capacity and Ancillary Services, to meet the Defaulting Party’s SSO Supplier Responsibility Share under this Agreement. Under what scenario might this occur?

Answer: Under the referenced provision of the Master SSO Supply Agreement, if an SSO supplier fails to deliver and PJM holds Duke Energy Ohio, Inc. responsible for delivering energy, capacity, and ancillary services, the SSO supplier is in default.

AGR 00007 (revised 04/01/2015)
Published On: 12/02/2011

Question: Section 3.7 of the Master SSO Supply Agreement states that each SSO Supplier shall be deemed a Load Serving Entity for the duration of the Delivery Period pursuant to the PJM Agreements and Legal Authorities. Legal Authorities is defined as "generally, those federal and Ohio statutes and administrative rules and regulations that govern the electric utility industry in Ohio." Do SSO Suppliers need to take any action to be qualified by the state of Ohio? Does this language require any specific approvals?

Answer: Duke Energy Ohio, Inc. requires that suppliers be qualified to do business in Ohio and defers to suppliers to ascertain what steps they may need to complete to obtain such status.

AGR 00008
Published On: 12/05/2011

Question: In reference to response GEN 00010, if a customer returns to Duke Energy Ohio, Inc., will the Supplier be made whole in instances when the LMP is greater than the Supplier Fixed Price as it relates to that returned customer load?

Answer: No.  SSO suppliers are responsible for supplying all SSO load associated with existing and returning SSO customers.  Suppliers will be paid a price based on the auction regardless of the prevailing LMP.

AGR 00009
Published On: 12/06/2011

Question: Please identify the Section in the SSO Supply Agreement that agrees with the AGR00004 response that the SSO Supplier will be compensated for all MWh delivered (which includes transmission and distribution losses) to the DEOK delivery point.

Answer: Section 3.1(f) of the Master SSO Supply Agreement states that the SSO Supplier shall be responsible for all transmission and distribution losses. Reference is also made to Section 3.2(a) of the Master SSO Supply Agreement.

AGR 00010
Published On: 12/08/2011

Question: Is it expected that the Declaration of Authority form is to be executed with the Master SSO Supply agreement?

Answer: Yes.  The Declaration of Authority is to be executed by SSO Suppliers along with the Master SSO Supply Agreement.

AGR 00011
Published On: 12/08/2011

Question: Suppose 105 MW must be generated for a customer to receive 100 MW and PJM would derate the 105 MW to 103 MW. The supplier will be responsible for costs covering 105 MW. On which amount will a supplier be paid?

Answer: Please see updated response to AGR 00004.

AGR 00012
Published On: 12/08/2011

Question: In the definition of "Settlement Amount", the Master SSO Supply Agreement makes reference to an "estimated SSO Load" based on the "most recent load switching report filed by Duke Energy Ohio, Inc. with the PUCO." Could you point to or provide the current most recent load switching report as an example? Also, what is the frequency (monthly, quarterly, annual) that this report will be published?

Answer: The Public Utilities Commission of Ohio (PUCO) publishes switching reports on a quarterly basis. The reports can be accessed via the PUCO's website, www.puco.ohio.gov, under the tabs for Electricity, Industry, Electric Technical Reports, Electric Customer Choice Switch Rates.

AGR 00013
Published On: 12/09/2011

Question: Are there any fees associated with the administration of the auction (tranche fees)?

Answer: Costs associated with conducting the auctions for SSO service will be recovered through Duke Energy Ohio, Inc.'s Rider SCR. Reference is made to the Stipulation and Recommendation filed on October 24, 2011, in PUCO Case No. 11-3549-EL-SSO.

AGR 00015
Published On: 12/09/2011

Question: From the PJM Sample bill, the SSO Suppliers will be responsible for Black Start services. Will the Black Start revenue requirements for the DEOK Zone be published before the auction? If not, are there any preliminary numbers or estimates available?

Answer: Black Start revenue requirements for the DEOK zone will not be published prior to the auction. No preliminary numbers or estimates are available.

AGR 00016
Published On: 12/13/2011

Question: Section 6.1 suggests that all payments will be made on the first business day after the 19th day of each calendar month. This appears to be in conflict with Section 3.6 where payments must be made within 3 days of the allocation invoice. How do the two sections resolve with each other?

Answer: The provisions are not in conflict. Section 3.6 of the Master SSO Supply Agreement references a Default Allocation Assessment imposed upon Duke Energy Ohio, Inc. by PJM and Duke Energy Ohio, Inc.'s right, in its discretion, to invoice suppliers for their responsible share. Section 6.1 of the Master SSO Supply Agreement concerns invoices that will be submitted for each Billing Period.

AGR 00017
Published On: 12/13/2011

Question: Section 9 and 10 of the Master SSO Supply Agreement could be read in conjunction to require the SSO Supplier to indemnify other SSO Suppliers against third-party liability for Duke Energy Ohio, Inc.’s actions. Is this the intent of the section?

Answer: No, the intent is that a party will provide indemnification for its own actions, as more fully described in Section 10.   

AGR 00018
Published On: 12/13/2011

Question: Will the winning SSO suppliers be subject to the Ohio Commercial Activity Tax (or “CAT")?

Answer: Duke Energy Ohio, Inc. cannot provide tax advice to auction participants.

AGR 00019
Published On: 05/15/2012

Question: Is the potential load requirement bound by +/- 10% of historical load? If so, is that +/- 10% of the monthly aggregate, or annual total, or hourly peaks?

Answer: No.  The load obligation associated with each tranche is 1% of the SSO load.

AGR 00021 (revised 04/29/2015)
Published On: 04/29/2015

Question: Suppliers will deliver sufficient energy to meet all SSO requirements to the DEOK Load Zone, designated by PJM as Pnode ID number 124076095, determined pursuant to the applicable PJM Tariff, rules, agreements and procedures. We understand that PJM, as of June 1, 2015, will be charging all LSEs or agents of LSEs the Residual Aggregate Zone of corresponding Physical Load Zone. Since there will be a difference between the DEOK Load Zone (Pnode ID 124076095) and DEOK Residual Aggregate Zone (Pnode 1069452904), how will you true-up the suppliers for this difference?

Answer:

PJM currently handles the true-up and/or differences for all suppliers between the DEOK Load Zone “Nodal” Pricing and the DEOK “Aggregate” Zone Pricing. For the period beginning June 1, 2015, PJM will continue to handle the true-up and/or differences between “Nodal” and “Residual” Pricing. Additional information is available through the PJM website (http://www.pjm.com/markets-and-operations/energy/residual-metered-load-pricing.aspx).

AGR 00022
Published On: 05/01/2015

Question: What are the seasonal billing factors for SSO Load awarded in the May 14, 2015 auction?

Answer: The seasonal factors for the May 2015 auction are as follows:

Summer Billing Factor - 1.0524

Winter Billing Factor - 0.9704

Consistent with the Bidding Rules, these seasonal factors will be constant for the duration of the Master SSO Supply Agreement.

AGR 00023
Published On: 10/09/2015

Question: Attachment F (Sample PJM Invoice) of the Master Agreement lists capacity related items #1600-1688 as "N/A" for the responsible party -- can you please clarify what the treatment of capacity is under this RFP? The Bidder Info Session PPT lists Capacity as a responsibility of the SSO Supplier.

Answer: As indicated in the Master SSO Supply Agreement (MSA), Duke Energy Ohio is procuring full requirements service, which includes capacity. (See Article III, Section 3.1, Obligations of Supplier, and Article I, Definition of SSO Supply.) The charges reflected on the PJM Sample Invoice having an “N/A” designation are not applicable to the transactions contemplated under the MSA. This is not to say that a supplier would not be assessed these charges by PJM in certain circumstances. But such charges are not anticipated here.

AGR 00024
Published On: 10/26/2015

Question: How does the Master SSO Supply Agreement address the possibility of PIPP load being aggregated by the Ohio Development Services Agency pursuant to the enactment of Ohio HB 64?

Answer: There are two provisions of the Master SSO Supply Agreement that would address PIPP aggregation under Ohio HB 64:

4.6 Compliance with Governmental Directives

Each SSO Supplier acknowledges and agrees that Duke Energy Ohio may need to act in response to directives by a Governmental Authority that may affect SSO Supply or SSO Load. Each SSO Supplier agrees to cooperate fully with Duke Energy Ohio in order to comply with such directives.

12.3 General

This Agreement constitutes the entire agreement between the Parties relating to the subject matter contemplated by this Agreement and supersedes all prior communications and proposals (oral or written). This Agreement shall be considered for all purposes as prepared through the joint efforts of the Parties and shall not be construed against one Party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution hereof. This Agreement shall not impart any rights enforceable by any third party (other than a permitted successor or assignee bound to this Agreement). No waiver by a Party of any default by the other Party shall be construed as a waiver of any other default. Any provision declared or rendered unlawful by any applicable Governmental Authority or deemed unlawful because of a statutory change will not otherwise affect the remaining lawful obligations that arise under this Agreement.The headings used herein are for convenience and reference purposes only.

AGR 00025
Published On: 08/31/2023

Question: Section 12.8 of the supply agreement states that the SSO Supplier is not responsible for Ohio Sales and Use Tax, but is responsible for all other taxes. What other taxes is the supply agreement referring to?

Answer: Sales tax is typically structured differently than most other taxes.  The seller has a responsibility to collect it from the customer and remit it as an agent of the Department of Revenue.  This responsibility can only be relieved if the customer provides an exemption certificate.  Most other taxes (Income Tax, Commercial Activity Tax, Excise Tax, Payroll Tax) are imposed directly upon the seller.  The purpose of the contract language is to clarify that the SSO Supplier is responsible for all taxes imposed directly upon it. 

FAQs Disclaimer

The information presented and distributed in the Frequently Asked Questions (FAQs) may be subject to modifications and/or amendments and is provided for informational purposes only. The information provided in the CBP, or on the CBP Information Website, has been prepared to assist bidders in evaluating the CBP. It does not purport to contain all the information that may be relevant to a bidder in satisfying its due diligence efforts. Neither Duke Energy Ohio, Inc. nor the Auction Manager make any representation or warranty, expressed or implied, as to the accuracy or completeness of the information, and shall not, either individually or as a corporation, be liable for any representation expressed or implied in the CBP or any omissions from the CBP, or any information provided to a bidder by any other source. A bidder should check the CBP Information Website frequently to ensure it has the latest documentation and information. Neither Duke Energy Ohio, Inc., nor the Auction Manager, nor any of their representatives, shall be liable to a bidder or any of its representatives for any consequences relating to or arising from the bidder’s use of outdated information. The information is not intended to form any part of the basis of any investment decision, valuation or any bid that may be submitted during the CBP process. Each recipient should not rely solely on this information and should make its own independent assessment of the potential value to supply the Duke Energy Ohio, Inc.’s load after making all investigations it deems necessary.

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