New York State
Nyserda
  FIND IT 
New York State Energy Research and Development Authority
Program Assistance Funding Opportunities Incentives For... Where Can I Find...?
Events Contact Us / Directions About NYSERDA Related Sites
You Are Here: 
spacer
spacer
spacer
back  

 
This Solicitation is Now Closed -
see 733
New York Energy Smart logo

Peak-Load Reduction Program

Program Opportunity Notice (PON) No. 620-01

$10.5 million available for summer peak demand reduction measures

Applications accepted on a first-come, first-served basis through October 1, 2002*.

Significant Changes effective 7/29/02

Major changes include, but are not limited to: application deadline being extended to October 1, 2002; extending the milestone date for measurement and verification of certain measures to December 31, 2002; increasing the minimum demand reduction for each interval meter to

50 kW reduction (lower reductions per meter will still be considered on a case-by-case basis); and requiring the facility owner/operators to contribute no less than 25% of eligible project costs for certain measures.

In addition, "Table 1 - Incentive Caps" was revised to specifically include incentives for Short Duration Load Curtailment (SDLC) measures and Dispatchable Emergency Generator Initiatives (DEGI) through December 31, 2002 (see table below)..

Revised Table 1 - Incentive Caps

Installed, Operational and Field Verified* by:

PDRE

SDLC

DEGI

IM

Con-Edison
Service Territory

Non-
Con-Edison
Service Territory

Con-Edison
Service Territory

Con-Edison
Service Territory

Con-Edison
Service Territory only

Statewide

12/31/02 $400/kW $130/kW $160/kW $50/kW $80/kW $3,000/meter

Download a primer on NYISO Demand response programs (It Pays to Play...Get in the Game with Three Electric Load-Management Programs).


PON 620-01

This version has been revised as of July 29, 2002. Applicants who submitted applications under the previous version of this solicitation are eligible to participate pursuant to this revised PON.

The Peak-Load Reduction Program is one of the programs offered under the umbrella of the New York Energy $martSM program. The New York State Energy Research and Development Authority (NYSERDA), as administrator of the New York Energy $mart program, requests applications from Eligible Contractors to identify and implement Projects which will result in reduced peak electric demand in New York State, particularly New York City, for the summer of 2002 through Permanent Demand Reduction Efforts (PDRE), Short-Duration Load Curtailment Measures (SDLC), Dispatchable Emergency Generator Initiatives (DEGI), or Interval Meters (IM).
Eligible Contractors are service providers capable of both developing electric demand-reduction Projects and implementing all necessary measures. Eligible facilities for PDRE, SDLC, and IM are electric distribution customers of New York State's investor-owned utilities which pay into the System Benefits Charge (SBC). Eligible facilities for DEGI are electric distribution customers within the Con Edison service territory which pay into the System Benefits Charge (SBC).

APPLICATION SUBMISSION: Applications must be clearly labeled and mailed to:

Cathy Carlson, PON No. 620-01
New York State Energy Research and Development Authority
17 Columbia Circle
Albany, New York 12203-6399

Technical questions should be directed to Christopher Smith (518-862-1090, ext. 3360, cjs@nyserda.org) or Peter Savio (518-862-1090, ext. 3334, or pps@nyserda.org). Contractual questions should be directed to Mary Sauvie (518-862-1090, ext. 3229, or mks@nyserda.org).

For questions regarding the New York Independent System Operator (NYISO), its Emergency Demand Response Program (EDRP), or other NYISO programs, contact Dave Lawrence at NYISO (518) 356-6084, or dlawrence@nyiso.com

________________

* Faxed proposals will not be accepted. Applications will be processed on a first-come, first-served basis through October 1, 2002 or until funds are fully committed, whichever comes first.

Table of Contents

I. INTRODUCTION

A. OBJECTIVE

B. AVAILABLE FUNDS

C. DEFINITIONS

D. INCENTIVES

E. ELIGIBILITY RESTRICTIONS

II. PROGRAM REQUIREMENTS

A. PERMANENT DEMAND REDUCTION EFFORTS (PDRE)
1. Eligibility
2. Incentives
3. Application Process

B. SHORT-DURATION LOAD CURTAILMENT MEASURES (SDLC)
1. Eligibility
2. Incentives
3. Minimum Project Size
4. Application Process

C. DISPATCHABLE EMERGENCY GENERATOR INITIATIVES (DEGI)
1. Eligibility
2. Incentives
3. Required Mitigation Measures
4. Minimum Project Size
5. Application Process

D. INTERVAL METERS (IM)
1. Eligibility
2. Incentives
3. Application Process

III. PROGRAM INCENTIVE CAPS

IV. PROJECT IMPLEMENTATION PROCESS
   A. NON-INTERVAL METER PROJECTS
   B. INTERVAL METER PROJECTS

V. METERING REQUIREMENTS

VI. REPORTING REQUIREMENTS
   A. INTERMEDIATE REPORTS
   B. FINAL REPORTS

VII. PROGRAM EVALUATION

VIII. NON-COMPLIANCE

IX. LIMITATIONS

X. DISCLAIMER

XI. APPLICATION REQUIREMENTS

XII. GENERAL CONDITIONS


APPENDICES

APPENDIX A - APPLICANT CHECKLIST

APPENDIX B - FACILITY DATA SHEETS

B1 Permanent Demand Reduction Efforts
B2 Short Duration Load Curtailment Measures
B3 Dispatchable Emergency Generator Initiatives
B4 Interval Meters

APPENDIX C - SAMPLE PURCHASE ORDERS

EXHIBIT A PROGRAM COMPONENT DETAILS
EXHIBIT B STANDARD TERMS AND CONDITIONS
EXHIBIT C PROMPT PAYMENT POLICY STATEMENT

APPENDIX D - SUGGESTED TECHNICAL ASSESSMENT OUTLINES
APPENDIX E - CONTRACTOR CHECKLIST

I. INTRODUCTION

A. OBJECTIVE
The objective of this PON is to establish an integrated program to improve electric system reliability and reduce electric costs by providing incentives that will result in significant electric coincident system summer peak demand reduction in New York State, particularly in New York City. Measures installed under PON 620-01 must perform as an integrated function without compromising applicable building codes or occupant health, comfort, or safety. All measures must meet or exceed efficiency requirements contained in applicable codes or regulations. For the purposes of the application, the baseline for estimating kW reductions will be determined from the current load profile for each Facility. The customer baseline load profile and strategy for accomplishing peak load reductions must be further defined in the Technical Assessment.

The integrated program consists of four components:

Permanent Demand Reduction Efforts (PDRE) result in electric load reductions which provide long-term (expected to be in place and operational for at least 5 years), overall coincident system peak demand reduction. Eligible measures include operation and maintenance improvements, energy management system upgrades, metering, controls, and scheduling improvements. Photovoltaic (PV) projects are eligible under this component of PON 620-01. PDRE measures must be activated in an automatic mode as an integrated function of the operation of the building systems or equipment. Applicants are encouraged to investigate funding opportunities under other NYSERDA-sponsored System Benefits Charge (SBC) Programs. Capital improvements requiring design and installation periods of greater than 6 months are strongly encouraged to investigate PON 624-01 Commercial/Industrial Performance Program. See Section II, Program Requirements for a complete description of eligibility requirements and program administration. NYSERDA's incentive will be the lesser of 75% of Eligible Project Cost or the incentives set forth in Table 1.

Short-Duration Load Curtailment Measures (SDLC) result in reduced peak demand at times of electric capacity shortfall in response to an emergency communication from the New York Independent System Operator's Demand Response Program (NYISO's DRP) or a Transmission Owner's load reduction program. To receive an incentive under this program, the Contractor must show for each application: registration or proof of participation, by each participating Facility, in either the NYISO's EDRP or a Transmission Owner's load reduction program; that each participating Facility is an electric distribution customer of one of the State's investor-owned utilities; and that each participating Facility pays the System Benefits Charge. Eligible measures include load shedding, load shifting, and peak shaving strategies. Measures such as telemetry controls, Direct Load Controls, and radio frequency controlled strategies are encouraged. The closing of a Facility as a short-duration load curtailment measure is ineligible for an incentive under PON 620-01, but the shifting of processes to off-peak is acceptable. The use of automatic means to control the measures installed under this component is not required, but encouraged, where practical. See Section II, Program Requirements for a complete description of eligibility requirements and program administration. NYSERDA's incentive will be the lesser of 75% of Eligible Project Cost or the incentives set forth in Table 1, with the exception of Direct Load Control projects in Con-Edison service territory, which will be funded the lesser of 100% of Eligible Project Costs or the incentives set forth in Table 1.

Dispatchable Emergency Generator Initiatives (DEGI) result in reduced electric system demand, at times of capacity shortfall, by allowing owners of existing emergency/backup generators to offload all, or a portion of their electrical needs to their own generators, in response to an emergency communication from the New York Independent System Operator's Emergency Demand Response Program (NYISO's EDRP) or a Transmission Owner's load reduction program. To receive an incentive under this program, an Eligible Contractor must show for each application: registration or proof of participation, by each participating Facility, in either the NYISO's EDRP or a Transmission Owner's load reduction program; that each participating Facility is an electric distribution customer within the Con Edison service territory; and that each participating Facility pays the System Benefits Charge. Electricity from the emergency generators shall not be fed into the utility system grid. Eligible measures to enable critical dispatch of emergency generators in the Con Edison service territory in response to an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program include: testing and tuning of emergency generators, rewiring circuits, installation of transfer switchgear, environmental permitting, selective use of catalytic reduction technologies, stack modifications, operational improvements, incremental cost of Ultra Low-Sulfur Fuel, and implementation of natural gas dual-fuel options. Other expenses related to implementing measures to enable emergency/backup generators to be dispatched under the NYISO EDRP or a Transmission Owner's load reduction program will be considered on a case-by-case basis. The use of automatic means to control the operation of emergency generators is not required, but encouraged, where practical. NYSERDA seeks to minimize environmental impacts associated with the use of emergency generators for this program. The purchase or installation of new generation equipment is ineligible for incentives under this program, but may be eligible under other NYSERDA programs. Operation of existing emergency/backup generators is limited to a response to an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program. Contractors must self certify that all Facilities with generators have applied for or received all required permits necessary to operate the generators. The DEGI component is only available to customers in the Con Edison service territory. See Section II, Program Requirements for a complete description of eligibility requirements and program administration. NYSERDA's incentive will be the lesser of 100% of Eligible Project Cost or the incentives set forth in Table 1.

Interval Meters (IM) result in electric load reductions through the purchase and installation of Interval Meters by customers allowing for participation in load reduction programs such as the NYISO's demand response programs, a Transmission Owner's load reduction program or other load management programs offered by Load Serving Entities (LSEs) or Customer Service Providers (CSPs), including real time pricing. Eligible Project Costs under this component are limited to individual metering systems that are connected to the following in accordance with NYISO EDRP regulations: 1) main electrical feeds (i.e. utility service entrance or master meter point), 2) equipment that can reasonably be curtailed in an emergency, or 3) emergency generator equipment. See Section II, Program Requirements for a complete description of eligibility requirements and program administration. NYSERDA's incentive will be the lesser of 75% of Eligible Project Cost or the incentives set forth in Table 1, with the exception of selected IM projects, which will be funded the lesser of 100% of project cost or the incentives set forth in Table 1.

Eligible Contractors are strongly encouraged to aggregate facilities before applying for these incentives. All incentives will be paid directly to the Contractor and are expected to be shared with the end-use building owners or operators, either through direct payment, through the provision of services, or through the installation of equipment.

Eligible Contractors should also consider investigating other New York Energy $martSM programs, including the Commercial/Industrial Performance Program, the New Construction Program, Smart Equipment Choices, and the Loan Program. These programs offer incentives for the purchase and installation of energy efficient equipment. See NYSERDA's website (www.nyserda.org) for more information on each of these programs.

B. AVAILABLE FUNDS
NYSERDA has up to $10.5 million available for measures under this solicitation.

Incentive awards will be processed on a first-come, first-served basis until all funds are committed, or through October 1, 2002, whichever is earlier. Contractors awarded an incentive will be issued one or more Purchase Orders from NYSERDA. The Applicant Checklist is located in Appendix A, Facility Data Sheets are located in Appendices B1-B4, sample Purchase Orders are located in Appendix C, a suggested Technical Assessment outline is attached as Appendix D, and a Contractor Checklist is located in Appendix E.

The program terms offered through this PON are effective as of August 2, 2001.

All Purchase Orders will expire on February 1, 2003, unless the Contractor provides written justification acceptable to NYSERDA for the delay in completing the Project. NYSERDA will not make payment on an expired Purchase Order. Eligible Project Costs must be incurred between August 2, 2001 and December 31, 2002.

C. DEFINITIONS
Applicant - Any entity submitting an application under this solicitation.

Contractor - Any Applicant that is awarded an incentive under this solicitation.

Curtailment Service Provider (CSP) - A CSP is a load aggregator, energy service company (ESCO), or electric utility authorized, but not required, to provide load reductions under the New York Independent System Operator's Emergency Demand Response Program (NYISO's EDRP), or its Day Ahead Demand Response Program (DADRP).

Direct Load Control (DLC) - A load reduction strategy that can interrupt consumer load or modify settings of equipment at the time of a NYISO or TO peak demand period, through direct control at an aggregated set of Facilities, by way of centrally dispatched communication/control. Notwithstanding any other provisions of this solicitation, DLC Projects are eligible for all building types.

Eligible Contractor - An Eligible Contractor must be capable of, or must retain services capable of developing a summer peak demand reduction Project, and implementing all necessary measures. Eligible Contractors include individual building owners or operators, lease holders, energy services companies, load serving entities, transmission and/or distribution utilities, CSPs, equipment installers, engineering firms, and energy management firms. Eligible Contractors who are not individual building owners or operators are expected to develop their own contractual relationship with their customers.

Eligible Project Costs - Incurred costs associated with the development and implementation of the measures necessary to achieve the Project's objectives, in accordance with the Purchase Order, Exhibits A and B, and as outlined in this Program Opportunity Notice. Eligible Project Costs do not include ongoing expenses such as subscription fees, software licensing fees, service/maintenance fees, communications/internet fees, etc.

Facility - The location where the work is being proposed. To be eligible for this program, a Facility must pay into the System Benefits Charge.

Field Verification - The final site visit, performed by the NYSERDA Consultant, to verify that the measures identified in the Technical Assessment have been installed, are operational, and are capable of delivering the kW reduction as documented in the Technical Assessment.

Interval Meters - The Interval Meters component includes two distinct elements: meters that capture energy use information more complex than mere tracking of accumulated flow; and communication systems that capture and communicate energy use information. Metering systems that offer maximum functionality and options, as well as, effectively integrating both elements, enable the customer more immediate access to detailed consumption information. A PSC approved meter that is capable of data logger communications or a meter that satisfies NYISO's EDRP reporting requirements is eligible.

Load Serving Entity (LSE) - Any entity authorized or required by law, regulatory authorization or requirement, agreement, or contractual obligation to supply energy, capacity and/or ancillary services to retail end users located within the New York Control Area (NYCA), including NYISO direct customers.

NYISO - New York Independent System Operator.

NYISO's EDRP - New York Independent System Operator's Emergency Demand Response Program.

NYISO's DRP - New York Independent System Operator's Demand Response Programs, including the Day Ahead Demand Response Program (DADRP), Emergency Demand Response Program (EDRP), Special Case Resources (SCR), Unforced Capacity Program (UCAP), and virtual bidding.

NYSERDA Consultant - An engineering consultant under contract to NYSERDA to provide technical support and field verification services for this program.

Project - The measures to be implemented at a Facility or Facilities by the Eligible Contractor applying for an incentive under this solicitation.

Qualifying Generators - All customer owned generators, model year 1995 or newer; or all model year 1994 and older generators that demonstrate either by generator specific manufacturer's data or through emissions testing, that NOx emissions do not exceed 35 pounds per megawatt-hour (lb/MWh). Emissions testing methods for test and tune purposes should be conducted consistent with industry established protocols (such as the American Society for Testing and Materials [ASTM] D6522-00) and applicable DEC regulations.

Summer Peak Demand Reduction Period - May 1 to October 31, during the hours of 11:00 AM to 8:00 PM.

Technical Assessment (TA) - A site specific, engineering or feasibility study describing peak load Permanent Demand Reduction Efforts, Short-Duration Load Curtailment Measures, and/or Dispatchable Emergency Generator Initiatives, the methodology for determining kW demand and kWh savings, a summary of pre- and post- installation kW demand and kWh use, and measure costs (see Appendix D).

Transmission Owner - The public utility or authority (or its designated agent) that owns facilities used for the transmission of energy in interstate commerce and provides transmission service under a New York PSC approved tariff.

Ultra Low-Sulfur Fuel - Distillate fuel oil having a sulfur content less than, or equal to, 30 parts per million by weight.

D. INCENTIVES
Except for DLC, DEGI, and selected IM projects that qualify for greater incentives, successful Applicants will be reimbursed the lesser of 75% of the Eligible Project Costs or the incentive caps set forth in Table 1 as long as the Facility owner or operator contributes no less than 25% of Eligible Project Costs. For projects that NYSERDA is reimbursing the Applicant the lesser of 75% of Eligible Project Costs or the incentive caps set forth in Table 1, NYSERDA reserves the right to require documentation from the Contractor to demonstrate that the Facility owner or operator has contributed the required minimum payment of no less than 25% of Eligible Project Costs.

For DLC, DEGI, and selected Interval Meter projects, successful applicants will be reimbursed the lesser of 100% of the Eligible Project Costs or the incentive caps set forth in Table 1. See Section II. PROGRAM REQUIREMENTS, for a complete description of incentives. Photovoltaic (PV) Projects are eligible under the Permanent Demand Reduction component PON 620-01. The final incentive payment will be determined, per PON 620-01 and the Purchase Order (PO), including Exhibit A, based on an approved Technical Assessment (developed by the Contractor) and Field Verification of equipment installed and operational, as outlined in the Technical Assessment, and appropriate Facility specific invoices. These incentives may be modified if the approved Technical Assessment and approved Field Verification identify changes to the estimated kW demand reduction. Eligible Project Costs do not include ongoing expenses such as subscription fees, software licensing fees, service/maintenance fees, or communications or internet fees, etc. NYSERDA reserves the right to increase program incentives in load pocket areas of the Consolidated Edison service territory.

Contractors must install metering and provide reports to NYSERDA consistent with Section II. PROGRAM REQUIREMENTS outlined in each program component description. See Section V. METERING REQUIREMENTS and Section VI. REPORTING REQUIREMENTS.

No more than 30% of the total invoice submitted for reimbursement shall be for project development. Project development includes administrative costs, engineering, marketing, development of the Technical Assessment, travel expenses, or other expenses approved by NYSERDA. With respect to the approved Purchase Order amount, no less than 70% of the total invoice submitted for reimbursement shall be for project implementation. Project implementation includes only direct expenses for the purchase and installation of equipment at the Facility, such as on-site operation and maintenance improvements, energy management system upgrades, advanced metering, DLC technologies, or other expenses approved by NYSERDA. Eligible Project Costs must be specifically itemized for each Facility, including materials and equipment expenses, staff names and titles identified, billable hourly rate, tasks performed, and hours applied to specific tasks. Invoice items must be specifically identified as project development expenses or project implementation expenses. Invoice requirements apply to all invoices submitted, including Contractor invoices and subcontractor invoices.

TABLE 1 - Incentive Caps**

Installed, Operational and Field Verified* by:

PDRE

SDLC

DEGI

IM

Con-Edison
Service Territory

Non-
Con-Edison
Service Territory

Con-Edison
Service Territory

Non-
Con-Edison
Service Territory

Con-Edison
Service Territory only

Statewide

5/31/02 $450/kW $150/kW $180/kW $60/kW $90/kW $3,000/meter
7/31/02 NA NA $160/kW $50/kW $80/kW $3,000/meter
12/31/02 $400/kW $130/kW $160/kW $50/kW $80/kW $3,000/meter

* NOTE: Field Verification is not required for Interval Meter (IM)-only Projects.

** NOTE: Except for DLC, DEGI, and selected IM projects which qualify for greater incentives, successful Applicants will be reimbursed the lesser of 75% of the Eligible Project Costs or the incentive caps set forth in Table 1 as long as the Facility owner or operator contributes no less than 25% of Eligible Project Costs. For DLC Projects, DEGI, and selected Interval Meter applications, successful applicants will be reimbursed the lesser of 100% of the Eligible Project Costs or the incentive caps set forth in Table 1.

E. ELIGIBILITY RESTRICTIONS
Measures previously funded under NYSERDA's Peak Load Reduction Program (PON 577-00) during the summer of 2001 and the Cooling Re-Commissioning Program during the summer of 2000 are ineligible for incentives under PON 620-01. Incentives awarded under PON 620-01 cannot pay for measures that received incentives under other NYSERDA funded programs. Single family residences and demonstration projects designed to pilot new unproven technologies are ineligible.

Participants that received a Purchase Order which expired under PON 577-00 but did not implement the funded demand reduction measures or receive funds for the demand reduction measures under other NYSERDA programs may apply to PON 620-01. Expenses incurred in developing and implementing measures installed prior to August 2, 2001 are ineligible under PON 620-01.

II. PROGRAM REQUIREMENTS

A. PERMANENT DEMAND REDUCTION EFFORTS (PDRE)
1. Eligibility

The Applicant must be an Eligible Contractor. Measures implemented under this component are expected to be in place and operational for at least 5 years. For PDRE incentives, measures must be operational and reduce demand at a Facility during the entire Summer Peak Demand Reduction Period, consistent with the measures' normal operating schedules.

All Projects with 100kW or more of summer peak demand reductions are required to permanently install and make operational Interval Meters. Metered data must be archived for two years, and be made available to NYSERDA upon request, in appropriate electronic format. If this metered data is provided via web site, the data must be made available in read only format. Contractors shall obtain written consent from their clients to permit NYSERDA access to this data. Data shall be available to NYSERDA for a two-year period. This data will be used only for internal analysis, future program development purposes, and verification of demand reductions. All data shall be protected to the fullest extent possible through the New York State Freedom of Information Law.

2. Incentives
Incentives may be used for expenses incurred in developing and implementing measures, installed on or after August 2, 2001, that permanently reduce summer peak demand. Eligible Project Costs include engineering services, procurement and installation of capital equipment, metering equipment, or other NYSERDA approved expenses incurred to permanently reduce summer peak demand. Capital equipment includes equipment that reduces electric demand, such as heating, ventilation and air-conditioning (HVAC) equipment, lighting equipment, controls for HVAC and lighting equipment, motors, motor drives and PV. Demand reductions resulting from the installation of the following fossil fuel fired generators are ineligible for funding under this solicitation: microturbines, electric generation, and combined heat and power equipment. PDRE measures resulting in increased Facility emissions will be considered on a case by case basis. To be eligible for reimbursement, PDRE measures must be activated in an automatic mode as an integrated function of the operation of the building systems or equipment. Only capital improvements involving short lead times or installation periods of 6 months or less are eligible for funding under this solicitation. Applicants with Projects that require longer lead times for design and construction are encouraged to investigate PON 624-01 Commercial/Industrial Performance Program or other NYSERDA-sponsored System Benefits Charge programs. Initially, incentive amounts will be encumbered based on the Applicant's estimate of kW summer peak demand reduction. The final incentive payment, per the Purchase Order (PO) and Exhibit A, will be determined based on an approved Technical Assessment (developed by the Contractor) and Field Verification of equipment installed and operational, as outlined in the Technical Assessment, and appropriate Facility specific invoices. See Section V. METERING REQUIREMENTS and Section VI. REPORTING REQUIREMENTS. Incentives for this component are:

For Projects in the Con Edison Service Territory:
a. The lesser of 75% of Eligible Project Costs or $450/kW of summer peak demand reduction for measures installed, operational, and Field Verified on or before May 31, 2002.
b. The lesser of 75 % of Eligible Project Costs or $400/kW of summer peak demand reduction for measures installed, operational, and Field Verified on or before December 31, 2002.

For Projects Outside the Con Edison Service Territory:
a. The lesser of 75 % of Eligible Project Costs or $150/kW of summer peak demand reduction for measures installed, operational, and Field Verified on or before May 31, 2002.
b. The lesser of 75 % of Eligible Project Costs or $130/kW of summer peak demand reduction for measures installed, operational, and Field Verified on or before December 31, 2002.

3. Application Process
a. The application process begins when the Applicant submits a written application to NYSERDA (see Appendix A and Appendix B1), on behalf of one or more Facilities. For aggregated Projects, only one Appendix A is required, although one Appendix B1 must be completed for each Facility. Appendix B1 must describe each Project for a particular Facility and indicate an estimated summer peak kW demand reduction for each Facility.

b. If the completed application meets all program criteria, NYSERDA will encumber funds for that Project. For PDRE, the encumbered incentive amount will be determined by multiplying the Applicant's estimated kW summer peak demand reduction by the appropriate incentive per kW. At the time funds are encumbered by NYSERDA, a Purchase Order will be issued to the Contractor with a not-to-exceed cost of the incentive. After the Purchase Order is issued, the Contractor must develop a Technical Assessment and send it to the NYSERDA Consultant for review of technical accuracy and recommendations concerning the proposed kW savings. It is the Contractor's responsibility to address and resolve all issues raised by the NYSERDA consultant regarding the technical accuracy of the Technical Assessment. NYSERDA will notify the Contractor on whether or not the Technical Assessment has been approved. Upon NYSERDA approval of the Technical Assessment, the Contractor implements the Project. See Section IV. PROJECT IMPLEMENTATION PROCESS for requirements to receive the incentive. The final incentive payment, per the Purchase Order and Exhibit A, will be determined based on an approved Technical Assessment, Field Verification of equipment installed and operational as outlined in the approved Technical Assessment, and appropriate Facility-specific invoices. Actual reimbursement will be the lesser of 75% of Eligible Project Costs or the incentive caps set forth in Table 1.

B. SHORT-DURATION LOAD CURTAILMENT MEASURES (SDLC)
1. Eligibility

The Applicant must be an Eligible Contractor. To participate in this component, Contractors must agree to have each Facility participate in the NYISO EDRP or a Transmission Owner's load reduction program. Contractors must show registration or proof of each Facility's participation in the NYISO EDRP, or a Transmission Owner's load reduction program.

For SDLC, the Project must consist of measures that are capable of curtailing electric use during the entire Summer Peak Demand Reduction Period, but need only operate when called upon by an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program. The Contractor must demonstrate to NYSERDA that it and each Facility are capable of receiving, and responding to an emergency communication from the NYISO's EDRP, or a Transmission Owner's load reduction program.

Each NYSERDA approved SDLC Project must have the ability to curtail electric load at least 15 times, for a total of no less than 60 hours, over the Summer Peak Demand Reduction Period.

2. Incentives
Incentives may be used for expenses incurred in developing and implementing measures, installed on or after August 2, 2001, that are capable of reducing peak demand at times of capacity shortfall in response to an emergency communication from NYISO's DRP, or a Transmission Owner's load reduction program.

Direct Load Control (DLC) Projects are strongly encouraged to participate under this component, but must be a participant in the NYISO's DRP or a Transmission Owner's load reduction program.

Eligible Project Costs include engineering services, procurement and installation of capital equipment, metering equipment, training of Facility staff, and development of a curtailment plan. Capital equipment includes equipment that reduces electric demand, such as improvements to heating, ventilation and air-conditioning (HVAC) equipment, lighting equipment, controls for HVAC and lighting equipment, motors, and motor drives. Other related expenses to develop and implement projects will be considered on a case-by-case basis. The expenses for closing of a Facility, loss of revenues due to the shut down of a Facility as a short-duration load curtailment measure, or additional staff costs due to shifting operations to off-peak hours are ineligible for an incentive under this program. A Facility must be capable of responding to a curtailment call made under the NYISO's EDRP or Transmission Owner's load reduction program. The NYSERDA funded kW demand reduction shall not exceed that which is registered with the NYISO or a Transmission Owner's load reduction program. Demand reductions resulting from the installation of new microturbines, generation, or cogeneration equipment are ineligible under this solicitation. Initially, incentive amounts will be encumbered based on the Applicant's estimate of kW summer peak demand reduction. The final incentive payment, per the Purchase Order and Exhibit A, will be determined based on an approved Technical Assessment (developed by the Contractor), Field Verification of equipment installed and operational, as specified in the Technical Assessment, and appropriate Facility specific invoices. Incentives will be paid to the Contractor regardless of whether or not there is an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program during the Summer Peak Demand Reduction Period. See Section V. METERING REQUIREMENTS and Section VI. REPORTING REQUIREMENTS. Incentives for this component are:

For Projects in the Con Edison Service Territory:
a. The lesser of 75 % of Eligible Project Costs or $180/kW of summer load curtailment for measures installed, operational, and Field Verified on or before May 31, 2002.
b. The lesser of 75 % of Eligible Project Costs or $160/kW of summer load curtailment for measures installed, operational, and Field Verified on or before December 31, 2002.
c. For Direct Load Control projects, up to 100% of the Eligible Project Costs not to exceed the terms and dates in a. and b. above.

For Projects Outside the Con Edison Service Territory:
a. The lesser of 75 % of Eligible Project Costs or $60/kW of summer load curtailment for measures installed, operational, and Field Verified on or before May 31, 2002.
b. The lesser of 75 % of Eligible Project Costs or $50/kW of summer load curtailment for measures installed, operational, and Field Verified on or before December 31, 2002.
c. For Direct Load Control projects, up to 100% of the Eligible Project Costs not to exceed the terms and dates in a. and b. above.

3. Minimum Project Size
Total proposed demand reduction must be at least 100 kW per Eligible Contractor application which may include an aggregated group of Facilities. Contractors are strongly encouraged to aggregate multiple Facilities. Direct Load Control Projects must control an aggregated set of Facilities, by way of centrally dispatched communication/control.

4. Application Process
a. The application process begins when the Applicant submits a written application to NYSERDA (see Appendix A and Appendix B2) on behalf of one or more Facilities. For aggregated Projects, only one Appendix A is required, although one Appendix B2 must be completed for each Facility. Appendix B2 must describe each Project for a particular Facility and indicate an estimated summer peak kW demand reduction for each Facility.

b. If the completed application meets all program criteria, NYSERDA will encumber funds for that Project. For SDLC, the initial encumbered incentive amount will be determined by multiplying the Applicant's estimate of kW summer peak demand reduction by the appropriate incentive per kW. At the time funds are encumbered by NYSERDA, a Purchase Order will be issued to the Contractor with a not-to-exceed cost of the incentive. After the Purchase Order is issued, the Contractor must develop a Technical Assessment and send it to the NYSERDA Consultant for review of technical accuracy and recommendations concerning the proposed kW savings. It is the Contractor's responsibility to address and resolve all issues raised by the NYSERDA consultant regarding the technical accuracy of the Technical Assessment. NYSERDA will notify the Contractor whether or not the Technical Assessment has been approved. Upon NYSERDA approval of the Technical Assessment, the Contractor implements the Project. See Section IV. PROJECT IMPLEMENTATION PROCESS for requirements to receive the incentive. The final incentive payment, per the Purchase Order and Exhibit A, will be determined based on an approved Technical Assessment, Field Verification of equipment installed and operational as outlined in the approved Technical Assessment, and appropriate Facility-specific invoices. Actual reimbursement will be the lesser of 75% of Eligible Project Costs or the incentive caps set forth in Table 1 (Direct Load Control projects, up to 100% of the Eligible Project Costs).

c. All Projects must be registered in the NYISO EDRP or a Transmission Owner's load reduction program. However, incentives will be paid to the Contractor regardless of whether or not there is an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program during the Summer Peak Demand Reduction Period.

C. DISPATCHABLE EMERGENCY GENERATOR INITIATIVES (DEGI)

Emergency/backup generators can provide a critical cushion for system reliability during the Summer Peak Demand Reduction Period since the equipment is already in place and their operation can be initiated quickly. However, emergency generator emission rates are typically much higher than central station power plants and will likely run during high ozone periods. NYSERDA fully intends to mitigate adverse environmental impacts from the use of emergency generators funded under this program. To minimize emissions impacts, NYSERDA expects Contractors to develop and implement with the cleanest-burning emergency generators first, leaving the dirtiest diesel-fired generators as a last resort.

1. Eligibility
Only Projects within the Con Edison service territory are eligible for incentives under the DEGI component.

The Applicant must be an Eligible Contractor. To participate in this component, the Contractor and the Facility must agree to participate in the NYISO EDRP or a Transmission Owner's load reduction program.

The purchase or installation of new generation equipment is ineligible for incentives under this PON. However, new generation equipment may be eligible for incentives under other SBC-funded programs. See NYSERDA's website for further information.

For DEGI, the measures must be capable of operating during the entire Summer Peak Demand Reduction Period, but need only operate when it receives an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program to do so. Contractors must demonstrate to NYSERDA that they are capable of receiving and responding to an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program.

Each NYSERDA approved DEGI Project must have the ability to operate at least 15 times, for a total of no less than 60 hours, and no more than 200 hours, over the Summer Peak Demand Reduction Period.

2. Incentives
Incentives may be used for expenses incurred in developing and implementing measures installed on or after August 2, 2001 and needed to prepare emergency generators to be operated in response to an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program. The NYSERDA funded demand reduction shall not exceed that which is registered with the NYISO's EDRP or a Transmission Owner's load reduction program.

Eligible Project Costs include engineering services, procurement and installation of metering equipment, testing and tuning of emergency generators, improvements to reduce environmental impacts, incremental cost of Ultra Low-Sulfur Fuel over existing permit requirements, rewiring circuits, installation of transfer switchgear, environmental permitting, selective use of catalytic reduction technologies, stack modifications, operational improvements, and implementation of natural gas dual-fuel options. Other related costs will be considered on a case-by-case basis.

A Facility must be capable of responding to a curtailment call made under the NYISO's EDRP or a Transmission Owner's load reduction program. Demand reductions resulting from the installation of new microturbines, generation, or cogeneration equipment are ineligible under this solicitation.

Initially, incentive amounts will be encumbered based on the Applicant's estimate of kW summer peak demand reduction. The final incentive payment, per the Purchase Order and Exhibit A, will be determined based on an approved Technical Assessment (developed by the Contractor), Field Verification of equipment installed and operational, as specified in the Technical Assessment, and appropriate Facility specific invoices. See Section IV. PROJECT IMPLEMENTATION PROCESS for requirements to receive the incentive. Incentives will be paid to the Contractor regardless of whether or not there is an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program during the Summer Peak Demand Reduction Period. See Section V. METERING REQUIREMENTS and Section VI. REPORTING REQUIREMENTS. Incentives for this component are:

For Projects in the Con Edison Service Territory ONLY:
a. The lesser of 100% of Eligible Project Costs or $90/kW of dispatchable emergency generation for Qualifying Generators installed, operational, and Field Verified on or before May 31, 2002.
b. The lesser of 100% of Eligible Project Costs or $80/kW of dispatchable emergency generation for Qualifying Generators installed, operational, and Field Verified on or before December 31, 2002.

Eligible Contractors may modify or tune emergency generators in order to meet emission requirements of a Qualifying Generator. Generator specific manufacturer's data is considered adequate documentation for the Contractor to demonstrate that the equipment will meet the NOx threshold requirement.

3. Required Mitigation Measures
To further mitigate environmental impacts of this program, NYSERDA will purchase and retire NOx allowances equal to twice the total calculated NOx emissions generated from this component. NOx emissions will be based on the actual hours of operation of the emergency generators and a NOx emission rate of 35 lb/MWh for all participants of this solicitation component. The allowances will be purchased in one block at the end of the Summer Peak Demand Reduction Period.

4. Minimum Project Size
Total proposed summer peak dispatchable emergency generation must be at least 500 kW per Eligible Contractor application which may include an aggregated group of Facilities. Contractors are strongly encouraged to aggregate multiple Facilities.

5. Application Process
a. The application process begins when the Applicant submits a written application to NYSERDA (see Appendix A and Appendix B3) on behalf of one or more Facilities. For aggregated Projects, only one Appendix A is required, although one Appendix B3 must be completed for each Facility. Appendix B3, Page 2 must be completed for all emergency generator(s) applied for at each Facility. Use additional Appendix B3, Page 2's as necessary. Appendix B3 must describe each Project for a particular Facility and indicate an estimated summer kW capacity proposed for dispatch to each Facility.

b. If the completed application meets all program criteria, NYSERDA will encumber funds for that Project. For DEGI, the initial encumbered incentive amount will be determined by multiplying the Applicant's estimate of kW summer peak demand reduction by the appropriate incentive per kW. At the time funds are encumbered by NYSERDA, a Purchase Order will be issued to the Contractor with a not-to-exceed cost of the incentive. After the Purchase Order is issued, the Contractor must develop a Technical Assessment and send it to the NYSERDA Consultant for review of technical accuracy and recommendations concerning the proposed kW savings. It is the Contractor's responsibility to address and resolve all issues raised by the NYSERDA Consultant regarding the technical accuracy of the Technical Assessment. NYSERDA will notify the Contractor whether or not the Technical Assessment has been approved. Upon NYSERDA approval of the Technical Assessment, the Contractor implements the Project. Contractors must self certify that all Facilities with generators have applied for or received all required permits necessary to operate the generators. See Section IV. PROJECT IMPLEMENTATION PROCESS for requirements to receive the incentive. The final incentive payment, per the Purchase Order and Exhibit A, will be determined based on an approved Technical Assessment, Field Verification of equipment installed and operational as outlined in the approved Technical Assessment, and appropriate Facility-specific invoices. Actual reimbursement will be the lesser of 100% of Eligible Project Costs or the incentive caps set forth in Table 1.

c. All Projects must be registered in the NYISO EDRP or a Transmission Owner's load reduction program. However, incentives will be paid to the Contractor regardless of whether or not there is an emergency communication from NYISO's EDRP or a Transmission Owner's load reduction program during the Summer Peak Demand Reduction Period.

D. INTERVAL METERS (IM)
1. Eligibility

NYSERDA will provide incentives for the purchase and installation of Interval Meters, installed on or after August 2, 2001, by customers who are capable of participating in load reduction programs such as a NYISO DRP, a Transmission Owner's load management program, or other load reduction programs offered by LSEs, or CSPs, including real time pricing. Eligible Project Costs under this component are limited to individual metering systems that are connected to the following in accordance to NYISO EDRP regulations: 1) main electrical feeds (i.e. utility service entrance or master meter point), 2) equipment that can reasonably be curtailed in an emergency, or 3) emergency generator equipment. Any Interval Meter enabling less than a 50 kW reduction will be considered on a case-by-case basis.

2. Incentives

For Interval Meters Installed Statewide:

a. The lesser of 100 % of Eligible Project Costs or $3,000 per Interval Meter, for meters installed and operational on or before July 31, 2002 and for which the Applicant can provide proof of participation in one of the NYISO DRPs, or a Transmission Owner's load reduction program, or other load reduction programs offered by LSEs, or CSPs, including real time pricing.

b. The lesser of 75 % of Eligible Project Costs or $3,000 per Interval Meter, for meters installed and operational on or before December 31, 2002.

3. Application Process
a. The application process begins when the Applicant submits a written application to NYSERDA (see Appendix A and Appendix B4) on behalf of one or more Facilities. For aggregated Projects, only one Appendix A is required, although one Appendix B4 must be completed for each Facility. Appendix B4 must describe each Project for a particular Facility. The estimated demand reduction for each Facility, as a result of the meter installation, must be provided unless the demand reductions are already provided as part of an application for another program component (PDRE, SDLC, or DEGI). If the completed application meets all program criteria, NYSERDA will encumber funds for that Project.

b. At the time funds are encumbered, a Purchase Order will be issued to the Contractor with a not-to-exceed cost of the incentive. After the Purchase Order is issued, the Contractor must implement the Project. See Section IV. PROJECT IMPLEMENTATION PROCESS for requirements to receive the incentive. Actual reimbursement will be the lesser of 75% of Eligible Project Costs or the incentive caps set forth in Table 1. However, up to 100% of Eligible Project Costs will be provided for Interval Meters installed and operational on or before July 31, 2002 and for which the Applicant provides proof of participation in one of the NYISO DRPs, or a Transmission Owner's load management program, or other load reduction programs offered by LSEs, or CSPs, including real time pricing.

III. PROGRAM INCENTIVE CAPS

The total incentive per Contractor under this Program will not exceed 20% of the total funding for this solicitation (initial Contractor cap - $3.5 million). Contractor caps may be adjusted based on program activity and funding resources.

The total incentive per Facility for measures under this Program will not exceed 5% of the total funding for this solicitation (initial Facility cap - $890,000). Facility caps may be adjusted based on program activity and funding resources.

IV. PROJECT IMPLEMENTATION PROCESS

A. Non Interval Meter Projects
Unless noted otherwise, for Permanent Demand Reduction Efforts (PDRE), Short-Duration Load Curtailment measures (SDLC), and Dispatchable Emergency Generator Initiatives (DEGI), each of the following steps must be completed to receive payment. A checklist is provided in Appendix E.

1. Eligible Contractor submits application to NYSERDA on or before October 1, 2002.

2. Once a Purchase Order is issued, a NYSERDA Consultant will be assigned to the Contractor's Project at no cost to the Contractor. This Consultant is assigned to the Project to review demand reduction measures identified and recommended in the Technical Assessment and to complete a Field Verification. NYSERDA will send a notice to the Contractor with the NYSERDA Consultant's contact information, as well as notify the NYSERDA Consultant of the Contractor's contact information.

3. The Contractor must submit a completed Technical Assessment to their assigned NYSERDA Consultant for a review of technical accuracy within 35 business days of receipt of the Purchase Order, otherwise, the Purchase Order may be voided. The Technical Assessment provides appropriate technical documentation and backup data to support the estimated kW demand reduction provided in Appendix B of the application . See Appendix D for Suggested Technical Assessment Outlines.

4. The NYSERDA Consultant reviews the Technical Assessment for technical accuracy and provides recommendations concerning the proposed kW savings within seven (7) business days of the Technical Assessment receipt. It is the Contractor's responsibility to address and resolve all issues raised by the NYSERDA Consultant regarding the technical accuracy of the Technical Assessment.

5. The NYSERDA Consultant provides its recommendations to NYSERDA. NYSERDA will notify the Contractor on whether or not the Technical Assessment is approved. If approved by NYSERDA, a notice-to-proceed will be sent to the Contractor, stating the estimated kW demand reduction. Any Contractor proceeding with implementation of the Project before receiving a notice-to-proceed from NYSERDA does so at their own risk.

6. Upon receipt of the notice-to-proceed, the Contractor shall proceed to implement measures, as specified in the approved Technical Assessment.

7. Upon Project completion, the Contractor must contact their assigned NYSERDA Consultant to schedule the post-installation Field Verification. Once the Contractor notifies the NYSERDA Consultant of Project completion, the NYSERDA Consultant must, within seven (7) business days, conduct a post-installation Field Verification visit.

8. Upon completion of the Field Verification, the NYSERDA Consultant will provide written documentation to NYSERDA summarizing its technical review of the Project installation and providing a recommended final adjusted kW of summer peak demand reduction. If approved by NYSERDA, a notice-to-invoice will be sent to the Contractor, verifying that completed measures have been approved and stating the final adjusted kW demand reduction based on actual operation of the equipment. If the kW summer peak demand reduction from the Field Verification is greater than the amount estimated in Appendix B of the application, the Purchase Order will be amended to reflect the increased incentive, provided sufficient funds still exist in PON 620-01.

9. Upon receipt of complete invoices and documentation, the Contractor receives the incentive award in a one lump sum payment. Deliverables required in order to receive the one lump sum payment are: 1) a Contractor invoice which references the Purchase Order number , 2) copies of Facility specific vendor invoices and documentation to verify project development and project implementation (See SECTION I. (D) INCENTIVES and SECTION II. (A) (2) Incentives, (B) (2) Incentives, and (C) (2) Incentives), 3) the notice-to-proceed from NYSERDA verifying approval of the Technical Assessment, 4) the notice-to-invoice from NYSERDA verifying post installation/operation approval of the summer peak demand reduction measures, and 5) for Short Duration Load Curtailment and Dispatchable Emergency Generation Initiative Projects, consistent with requirements of those Program components, proof of registration in a NYISO DRP or a Transmission Owner's load reduction program. See Exhibit A attached to the Purchase Order for a complete description of program requirements.

For Direct Load Control and DEGI projects, the incentive shall not exceed either 100% of Eligible Project Costs, or the incentive caps set forth in Table 1. For all other projects, the incentive shall not exceed either 75% of Eligible Project Costs, or the incentive caps set forth in Table 1, as long as the Facility owner or operator contributes no less than 25% of Eligible Project Costs. Further, no more than 30% of the total invoice submitted for reimbursement shall be for project development. Project development includes, administrative costs, engineering, marketing, development of the Technical Assessment, travel expenses, or other expenses approved by NYSERDA. No less than 70% of the total invoice submitted for reimbursement shall be for project implementation. Project implementation includes only direct expenses for the purchase and installation of equipment at the Facility, such as on-site operation and maintenance improvements, energy management system upgrades, advanced metering, DLC technologies, or other expenses approved by NYSERDA.

10. For those Contractors registered in a NYISO DRP or participating in a Transmission Owner's load reduction program, the NYSERDA funded kW demand reduction shall not exceed that which is registered with the NYISO or Transmission Owner's load reduction program. All NYSERDA funded Short Duration Load Curtailment Projects and Dispatchable Emergency Generation Initiative Projects must be registered in the NYISO EDRP or be participants in a Transmission Owner's load reduction program.

B. Interval Meter Projects
Each of the following steps must be completed to receive payment. A checklist is provided in Appendix E.

1. Eligible Contractor submits application to NYSERDA.

2. Once a Purchase Order is issued, the Contractor shall proceed to have the Interval Meters installed and made operational.

3. The Contractor receives the incentive award in a one lump sum payment. Deliverables required in order to receive the one lump sum payment are: 1) a Contractor invoice which references the Purchase Order number and describes the specific metering improvements and their locations and installation points, 2) copies of Facility specific vendor invoices (See SECTION II. (D) (2) Incentives), and 3) if requesting 100% of Eligible Project Costs, not to exceed $3,000 per Interval Meter, proof of installation and program participation on or before July 31, 2002 in a NYISO DRP, a Transmission Owner's load reduction program, or other load reduction programs offered by LSEs, or CSPs, including real time pricing. See Exhibit A attached to the Purchase Order for a complete description of program requirements.

4. For those Contractors registered in a NYISO DRP or participating in a Transmission Owner's load reduction program, the NYSERDA reported kW demand reduction shall not exceed that which is registered with the NYISO, a Transmission Owner's load reduction program, or other load reduction programs offered by LSEs, or CSPs, including real time pricing.

V. METERING REQUIREMENTS

All Projects participating in the SDLC and DEGI must have appropriate metering technology installed. Metering equipment meeting the requirements of NYISO's EDRP or a Transmission Owner's load reduction program will be deemed adequate for this solicitation.

All projects with 100kW or more of summer peak demand reductions are required to permanently install and make operational Interval Meters. Metered data must be archived for two years, and be made available to NYSERDA upon request, in appropriate electronic format. If this metered data is provided via web site, the data must be made available in read only format. Metered data must be made available to NYSERDA for a two year period. Contractors shall obtain written consent from their clients to permit NYSERDA access to this data. This data will be used only for internal analysis, future program development purposes, and verification of demand reductions. All data shall be protected to the fullest extent possible under the New York State Freedom of Information Law.

VI. REPORTING REQUIREMENTS

A. INTERMEDIATE REPORTS
For the SDLC, DEGI, and IM components, each time a Contractor or Facility is required to submit a report to the NYISO or a Transmission Owner for incentive payments as part of a load reduction or load management program, a copy of that report shall be sent to Cathy Carlson at NYSERDA within 30 days of the submission of the report to the NYISO or a Transmission Owner.

B. FINAL REPORTS
By January 31, 2003, each Contractor participating in this Program shall submit a final report to NYSERDA detailing:

1. Total kW contracted for this Program,

2. Actual system coincident peak demand reductions realized,

3. Number and duration of each of NYISO's EDRP or a Transmission Owners load reduction program's emergency communications (for Short-Duration Load Curtailment Measures and Dispatchable Emergency Generator Initiatives only),

4. Number and duration of each peak demand reduction delivered in response to each NYISO EDRP or Transmission Owners load reduction program's emergency communication (for SDLC and IM measures only), and

5. Number, duration and total kW dispatched through emergency generators for each of NYISO's EDRP or a Transmission Owners load reduction program's emergency communications (for Dispatchable Emergency Generator Initiatives only).

Failure to provide such reports will render the Contractor ineligible for NYSERDA's anticipated 2003 Peak Load Reduction Program.

VII. PROGRAM EVALUATION

NYSERDA may require Contractors who participate in PON 620-01 to respond to surveys and to provide feedback through program evaluations to assess program effectiveness.

VIII. NON-COMPLIANCE

Contractors will be deemed to be in non-compliance with this program for any of the following: 1) Contractors fail to meet at least 80% of demand reductions or dispatched emergency generation, as contracted by the Purchase Order, or 2) Contractors fail to submit the final report as required in Section VI. REPORTING REQUIREMENTS of this solicitation, or 3) Contractors fail to submit copies of NYISO's EDRP or a Transmission Owners load reduction program's report to NYSERDA as required in Section VI. REPORTING REQUIREMENTS of this solicitation. Contractors deemed to be in non-compliance will become an ineligible Contractor for NYSERDA's anticipated 2003 Peak Load Reduction Program.

IX. LIMITATIONS

Measures for which expenses have been incurred prior to August 2, 2001 are ineligible for incentives. Measures funded under other New York Energy $martSM programs are ineligible for incentive under this solicitation.

Measures previously funded under NYSERDA's Peak Load Reduction Program (PON 577-00) during the summer of 2001 and the Cooling Re-Commissioning Program during the summer of 2000 are ineligible for incentives under PON 620-01. Incentives awarded under PON 620-01 cannot pay for measures that received incentives under other NYSERDA funded programs. Single family residences and demonstration projects designed to pilot new unproven technologies or strategies are ineligible.

NYSERDA's New York Energy $martSM Loan Program can only be used to finance the cost of measures in excess of the incentives paid for the same measures under the Peak-Load Reduction Program.

The Contractor is responsible for obtaining all required local, state, and federal permits, and is responsible for complying with all applicable building, health, and safety codes.

All Purchase Orders will expire on February 1, 2003 unless the Contractor provides written justification acceptable to NYSERDA for the delay in completing the Project. NYSERDA will not make payment on an expired Purchase Order. Eligible Project Costs must be incurred between August 2, 2001 and December 31, 2002.

X. DISCLAIMER

NYSERDA's receipt and acceptance of the Technical Assessment shall not constitute any representation by NYSERDA as to the economic or technical feasibility, operational capability, or reliability of the information contained in the Technical Assessment. NYSERDA's payment of the incentive to the Contractor shall in no way represent an endorsement by NYSERDA of any findings or recommendations contained in such Technical Assessment.

XI. APPLICATION REQUIREMENTS

Applicants must fill out the Applicant Checklist (Appendix A) and the appropriate Facility Data Sheet(s) (Appendix B(s)), completely, leaving no blank information. This information will be used to determine the incentive award. For ease of use, the application package is also available on NYSERDA's web site. Paper copies of application forms and the application checklist must contain an original signature. Applications aggregating two or more Facilities must list each Facility separately on the application form, identifying the estimated summer peak demand reduction expected at each Facility. A Facility with multiple buildings may be aggregated into one Facility Data Sheet.

XII. GENERAL CONDITIONS

PROPRIETARY INFORMATION - Careful consideration should be given before confidential information is submitted to NYSERDA as part of your application. The Contractor should determine whether the information is critical for evaluating an application or whether general, non-confidential information, may be adequate for review purposes. The New York State Freedom of Information Law, Public Officers Law, Article 6, provides for public access to information NYSERDA possesses. Public Officers Law, Section 87(d) (2) provides for exceptions to disclosure for records or portions thereof that "are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise." Information submitted to NYSERDA that the Contractor wishes to have treated as proprietary, and confidential trade secret information should be identified and labeled "Confidential" or "Proprietary" on each page at the time of disclosure. This information should include a written request to except it from disclosure, including a written statement of the reasons why the information should be excepted. See Public Officers Law, Section 89(5) and the procedures set forth in 21NYCRR Part 501. Failure to follow proper procedures may result in a delay reviewing the application.

MINORITY- AND WOMEN-OWNED BUSINESS POLICY - OMNIBUS PROCUREMENT ACT OF 1992 - It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises, as bidders, subcontractors and suppliers on its procurement Agreements.

Information on the availability of New York subcontractors and suppliers is available from:

Empire State Development
Division For Small Business
30 S. Pearl Street
Albany, NY 12245

A directory of certified minority and women-owned business enterprises is available from:

Empire State Development
Minority and Women's Business Development Division
30 S. Pearl Street
Albany, NY 12245

INCENTIVE AWARD - NYSERDA may make an award based on an initial application without discussion, or following limited discussion or negotiations. NYSERDA may request additional data, or material to support the application.

LIMITATION - This solicitation does not commit NYSERDA to award a contract, pay any costs incurred in preparing a proposal, or to procure or contract for services or supplies. NYSERDA reserves the right to accept or reject any or all Applications received, to negotiate with all qualified sources, or to cancel in part or in its entirety the solicitation when it is in NYSERDA's best interest.

DISCLOSURE REQUIREMENT - The Applicant shall disclose any indictment for an alleged felony, or any conviction for a felony within the past five years, under the laws of the United States or any state or territory of the United States, and shall describe circumstances for each. When an Applicant is an association, partnership, corporation, or other organization, this disclosure requirement includes the organization and its officers, partners, and directors or members of any similarly governing body. If an indictment or conviction should come to the attention of NYSERDA after the award of a contract, NYSERDA may exercise its stop-work right pending further investigation, or terminate the agreement; the Contractor may be subject to penalties for violation of any law which may apply in the particular circumstances.

Attachments:
Appendix A - Applicant Checklist
Appendix B1- Permanent Demand Reduction Efforts Facility Data Sheet
Appendix B2 - Short-Duration Load Curtailment Measures Facility Data Sheet
Appendix B3 - Dispatchable Emergency Generator Initiatives Facility Data Sheet
Appendix B4 - Interval Meters - Facility Data Sheet
Appendix C - Sample Purchase Orders; Exhibits B & C
Appendix D - Suggested Technical Assessment Outlines
Appendix E - Contractor Checklist
 

Webcasts | Members of the Board | Privacy Policies | Disclaimer | Regulations


17 Columbia Circle, Albany, NY 12203-6399    Toll-Free: 1-866-NYSERDA or Local: 518-862-1090    Fax: 518-862-1091
New York City and Buffalo Regional Offices

© 2004 New York State Energy Research and Development Authority
New York State Energy Research and Development Authority
Get Acrobat Reader