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04.18.2018 Duke Energy CPRE Program – Tranche 1 RFP Solicitation Update By: Bradley J. Nowak, Robert F. Riley & Jennifer A. Morgan

On April 4, 2018, Duke Energy Carolinas, LLC’s and Duke Energy Progress, LLC’s (“Duke”) evaluation team (the “Evaluation Team”) and Accion Group, LLC, the Independent Administrator (“IA”) selected to conduct Duke’s competitive procurement of renewable energy (“CPRE”) program, filed a letter with the North Carolina Utilities Commission (“NCUC”) providing notice of a delay in the previously targeted issuance date for the initial CPRE Tranche 1 RFP. 

In their April 4 letter, the IA and the Evaluation Team indicate that the delay is necessary for two primary reasons: (i) for NCUC approval of the petition filed by Duke on March 29, 2018 requesting amendments and clarifications to NCUC Rule R-8-71(f)(3), which pertains to the evaluation and selection of proposals through the CPRE RFP process, and (ii) to finalize the RFP documents and the IA’s evaluation methodologies.  On April 9, 2018, the NCUC issued its Order Amending Rule R8-71.

The IA and the Evaluation Team have committed in their April 4 letter to issuing the draft Tranche 1 RFP documents for review by interested parties no later than 15 business days after the NCUC takes action with respect to Duke’s petition to amend Rule R8-71(f)(3).  The IA has also committed to working with the Evaluation Team to complete the NCUC Rule R8-71(f)(1) pre-solicitation process within approximately 60 days of the date the Tranche 1 RFP documents are issued in draft form. 

Based on the NCUC Order Amending Rule R8-71 issued on April 9, 2018, it is anticipated that the IA will issue the draft form Tranche 1 RFP documents for review later this month, with the pre-solicitation process expected to occur in May - June.

The IA has invited interested market participants to register on its RFP website at https://DEcprerfp2018.accionpower.com to stay apprised of further developments related to the RFP.

If you have any questions or would like more information concerning the CPRE Program or the related NCUC proceedings, please do not hesitate to contact Jennifer Morgan, Brad Nowak or Bob Riley, or email us at solar@williamsmullen.com.