The IPA is issuing this clarification regarding system energization date extension requests under Section 5(b) of the ABP REC contract.
Each extension request should reference the specific contract clause under which an extension is sought (i.e., which subparagraph of Section 5(b) is being relied upon) and should avoid referencing multiple clauses in a single request (as multiple clauses may implicate multiple distinct processes and decision-makers for the request). For COVID-19-related extensions, the most straightforward path may be a request for a “good cause” extension granted at the IPA’s discretion under Section 5(b)(v) of the REC contract rather than the declaration of a force majeure event or reliance on a separate subparagraph of Section 5(b).
Each extension request should include, at minimum, a brief narrative outlining the justification for the request. This narrative should clearly explain the situation under which the Approved Vendor believes an extension is warranted for the referenced systems. If extensions are being requested for multiple systems and the narrative is similar, a single extension request may be made for multiple systems (although please provide separate requests for each contracting utility).
The IPA also strongly encourages that each of the following be included in an extension request.
- Approved Vendor Name (as listed in your AV portal in the ABP portal)
- Approved Vendor ID #
- Designated System ID #
- Project Name
- Project Type (distributed generation or community solar)
- Contract ID #
- Batch ID #
- Trade Date
- Contracting Utility
- REC Contract Clause Referenced (e.g., Section 5.b.v)
- Length of Extension Requested
- Original Energization Date
- Requested New Energization Date
For requests covering multiple systems, please include this information in a spreadsheet attached to the request.
Lastly, please double-check the accuracy of this information, including whether a given system is still under contract, prior to submitting an extension request. And remember that under Section 5(b), requests must be “made in writing by Seller to Buyer and the IPA prior to the Scheduled Energized Date.” Buyer contact information is contained in Section 13 of the ABP Contract and requests to the IPA should be sent to [email protected].
Should you have any questions prior to submitting a request, please contact IPA Chief Legal Counsel Brian Granahan at [email protected].