REQUEST FOR PROPOSALS FOR ELECTRICITY SUPPLY Starting June 1, 2014 FOR MAINE POWEROPTIONS MAINE’S NON-PROFIT ENERGY PURCHASERS CONSORTIUM ISSUED BY MAINE POWEROPTIONS A program of the Maine Health and Higher Educational Facilities Authority and the Maine Municipal Bond Bank ISSUE DATE April 23rd 2014 PROPOSALS TO BE RECEIVED BY May 8th 2014 DELIVER PROPOSALS ELECTRONICALLY TO Jonathan R Youde, Program Officer Maine PowerOptions jry@mainepoweroptions.org 08/30/2016 Page 1 of 19 Table of Contents 1. Introduction ............................................................................................................ 3 2. Maine PowerOptions .............................................................................................. 3 3. Scope of Services ................................................................................................... 5 4. Evaluation Elements ............................................................................................... 6 5. Standard Response Format ..................................................................................... 8 08/30/2016 Page 2 of 19 1. Introduction By this Request for Proposals (RFP), Maine PowerOptions (MPO) is soliciting proposals for the provision of electricity supply services to members of a purchasing group coordinated by MPO that is comprised of non-profit entities and public institutions in Maine (Members). The deadline for submission of proposals and receipt by Maine PowerOptions is 4:00 P.M. Eastern Standard Time, May 8th 2014 Proposals must follow the specifications described herein. One electronic (by e-mail or fax) copy of the proposal must be submitted to and received by: info@mainepoweroptions.org. If there are any questions concerning this RFP please e-mail your questions to jry@mainepoweroptions.org no later than Friday 05/01/2014 at 3pm. Responses will be e-mailed to those entities registered to receive the RFP. Proposals must include: 1. A signed copy of Appendix A (Form 1) 2. A signed copy of Appendix B (Form 2) 3. A proposal regarding electricity supply service as described in this RFP Maine PowerOptions goal is to select a single provider of electricity supply services to serve all Members for the term proposed in this document. However, notwithstanding anything to the contrary contained or implied herein or as part of the RFP process, Maine PowerOptions reserves the right, in its sole discretion at any time, to waive any formalities or reject in whole or in part any and all proposals. 2. Maine PowerOptions A. The Maine PowerOptions Program Maine PowerOptions is a membership based program of the Maine Health and Higher Educational Facilities Authority (MHHEFA) and the Maine Municipal Bond Bank (MMBB). Maine PowerOptions membership is open to all MHHEFA and MMBB eligible institutions (governmental units, 501(c) (3) non-profit corporations, the University of Maine System and its colleges and universities, Maine’s Community College System and its colleges). Currently, program membership is 818 Members. Maine PowerOptions is governed by two Maine State statutes: Title 30-A, Part 2-Subpart 9 Chapter 225 §5954-A; and Title 22-Subtitle 2-Part 4- Chapter 413 §2055. Maine PowerOptions 08/30/2016 Page 3 of 19 consists of Members who are qualifying governmental and non-profit institutions that have signed the Maine PowerOptions membership form, attached as Appendix C. Each Member has provided authorization to MPO to assign an appropriate contact person and agreed to provide data on its electricity consumption. Maine PowerOptions has frequent contact with many Members and maintains an informational flow with all Members of the Consortium. These include market updates, informational bulletins on electric industry regulation issues, and progress of this RFP process. Maine PowerOptions exists to build and maintain a broad member-based buying consortium (Consortium) to help Members leverage their buying power in Maine’s energy commodity markets, and to provide ongoing market education to Members. Maine PowerOptions designs and helps Members implement best practices and strategies in regards to energy procurement and related services. The Consortium promotes unbiased education, strategic purchasing, budget protection, market transparency, risk management and supports members renewable and conventional supply options. In regards to this RFP, Maine PowerOptions’ responsibilities are: 1. Develop and implement policies regarding the purchase of reliable and cost-effective electric power associated with the Maine PowerOptions program. 2. Conduct ongoing solicitation and introduction of electricity supply arrangements to Members. 3. Coordinate all communications with Members, including outreach to entities served by MMBB and MHHEFA for purposes of growing membership in the Consortium. 4. Provide oversight with respect to the performance of any contractually obligated entity providing services to the Members. B. Electricity Consumption Data Electricity statistics for the Members in the regions served by Maine’s investor-owned transmission and distribution companies that are part of the ISO New England regional electricity grid: Central Maine Power Company (CMP) & the Bangor Hydro District of Emera Maine,1 are attached in Appendix D. Statistics for Members outside of CMP and BHE territories are not included. Maine PowerOptions has provided some sample accounts for pricing and account totals for the Consortium. Maine PowerOptions has endeavored to ensure consistency and accuracy in the data represented but does not warrant the consistency or accuracy of the data. 1 Emera Maine is the new name of the surviving entity following the merger of Bangor Hydro Electric Company and Maine Public Service Company. Only those customers formerly served by Bangor Hydro are included in this proposal. 08/30/2016 Page 4 of 19 3. Scope of Services Maine PowerOptions is soliciting proposals that will enable MPO to select and sign a Program Agreement with one firm (the “Provider”) who will directly provide electricity supply to Members as required under this RFP. The selected Provider will be the exclusive provider for Members. Proposals are requested for a Provider to work directly with Maine PowerOptions and Members. Proposers should explain how their Proposal will provide the greatest benefit to MPO and Members. MPO will, in turn, recommend to Members that each of them evaluate the offering of services offered by the Provider and ultimately enter into an electricity supply contract with the Provider through the Program. It is anticipated that the Provider will also be able to offer Members additional energy information services in the areas of usage reporting, energy management, and energy efficiency programs. Proposals may be submitted by entities other than Providers, including brokers, as long as the Proposal allows MPO to enter into a Program Agreement with a specific Provider who agrees to supply electricity and related services in accordance with the terms of this RFP. A. General Statement of Required Services 1. Electricity Supply to Participants Maine PowerOptions desires to enter into a Program Agreement with the Provider (the “Agreement”); a draft proposal to this end is attached as Appendix E. The Program Agreement includes a pro forma electricity supply agreement (the “Participant Agreement”) to be entered into by the Provider and a Member to meet the electricity supply needs of each of the Members throughout the term (a form of Participant Agreement is provided in Appendix F). Using a contract substantially in the form of the Participant Agreement, the Provider will be required to supply for the total electricity requirements of each electricity account for which a Member chooses to contract. Proposals which include at least one alternative for a Green E-certified renewable energy supply option may, depending on the proposal, be entitled to additional points in scoring. Such alternative(s) should identify the source(s) of the energy supply and any pricing adder for the product on a kWh basis. 2. Administrative Services During the term of the Program Agreement, the Provider will be required to provide Maine PowerOptions with weekly representative pricing updates for non-time-of-use accounts. This information will be used by Maine PowerOptions for market evaluation purposes and in the analysis of opportunities for Members. 08/30/2016 Page 5 of 19 Maine PowerOptions renewal rate for contracts is very high. Each Proposal shall specify the length of time for which a Provider’s offer of executable pricing will be valid. Proposals must stipulate specifically the measures that the Provider will use to ensure that available pricing and contracted rates provide financial benefit to Members, specifically, why Members would be better off with the Provider’s price during the term of the Program Agreement as compared with other potential offers from other electricity suppliers in the market. The Provider will be responsible for ensuring a high quality of administrative services, including coordination of service with Maine’s T&D companies, and responsive customer services such as customer inquiry, complaint, collection, and dispute resolution capabilities. 4. Evaluation Elements Proposals must stipulate specifically the measures that the Provider will use to ensure that available pricing and contracted rates provide financial benefit to Members. A. Price Price will be the most important factor considered by Maine PowerOptions. Most Members select a fixed price supply option. We will provide sample account information for medium non-tou rates, and in a separate document, large rate class with interval data account information. We are asking initially that the Proposal include indicative pricing for the terms indicated and price components selected in Appendix G. Appendix D provides interval data and non-tou data to allow Provider to provide pricing. The Proposal shall include the name of the Provider directly providing the power through a Participant Agreement. For Proposals submitted by or which include the services of a licensed broker, the Proposal shall list any broker fee or commission associated with supplying electricity to Members under the Program Agreement and whether such fee or commission is included within the indicative pricing set forth in the Proposal. Maine PowerOptions believes the following pricing options are valuable for Members, and will score Proposals more highly based on how many of the following options are available to Members: 1. Laddered/Layering pricing strategies 2. Block/index options 3. Forward Capacity Market pass-through options 08/30/2016 Page 6 of 19 4. Index options specific to small accounts, the index will be in the form of a discount to Small Commercial Standard Offer rate. Eg; 4% less for period of current standard offer. 5. Any other options proposer believes may be of value to our membership Maine PowerOptions will consider the following factors in scoring Proposals: (1) (2) (3) (4) the pricing offered and the pricing options, the types of price guarantees proposed, the amount of price risk required to be taken on by a Member, Provider’s methodology for guaranteeing that the lowest competitive rates be available to Members for the term of the Program Agreement. Maine PowerOptions may recommend more than one pricing methodology to its Members, or vary recommendations based on market and other factors. B. Performance Assurance The ability of a Provider to meet its contractual obligations under the Program Agreement and to provide a reliable power supply to Members is a significant issue and will be specifically evaluated. With respect to the Provider identified in a Proposal, the Proposal must include information demonstrating the Provider’s financial security, its market presence in Maine, and a general assurance of the Provider’s ability to provide reliable electricity supply service to Members. MPO staff will evaluate all public records to review financial security and reliability including information from the Energy Information and Administration and from the Maine Public Utilities Commission annual competitive provider reports. C. Billing accuracy and Customer Service Maine PowerOptions will consider the quality of administrative services to be provided to Members by the Provider. The Proposal should indicate current capabilities of the Provider in billing and customer service, as well as its ability to offer different products as New England’s electricity markets change. The Proposal should include sample billing records, staff resources to be allocated, and the number of years of experience in billing. The Proposal should also note who will be doing the billing for Members. If a Provider will be utilizing the services of a third party for billing other than the T&D utility, the Proposal should indicate who will be doing the billing for each identified product to be supplied under the Program Agreement. D. Business Risk Maine PowerOptions membership reflects the most stable and financially creditworthy entities in Maine. Therefore, it is expected that the Provider will not require credit assurances from Members prior to contracting. The Provider must provide a statement regarding its proposed 08/30/2016 Page 7 of 19 credit and collection policies and outline its requirements for issuing a contract with participant Member. E. Administrative resources Because the Consortium is a voluntary organization, its ultimate success will depend on timely distribution and execution of power supply contracts by Members, the retention of Participants and the Proposers abilities to send multiple agreements to Maine PowerOptions. Maine PowerOptions intends to evaluate the approach offered by the Proposer, including the adequacy of staff resources and the timeframe for introduction of the Maine PowerOptions supply arrangements. Specifically: Describe the resources which the proposer will dedicate in support of the Maine PowerOptions program, specifically in the areas of processing contracts and to ensure requests made by MPO related to the operation of the Program will be handled in an expedient manner. Evaluation criteria The evaluation of Proposals will consist of two rounds: Round one involves a review of each bidder’s written proposal, and the top three scores will be invited to participate in round two, which is an interview before the Institutional Advisory Council. Final scoring will be weighted 72% for the written score, and 28% for the interview score. In the table below each category is listed as a maximum percentage score, a maximum score in the pricing section will score 30% of total. Category Possible Score (%) Price 30 Performance Assurance 21 Billing and Customer Service 7 Business Risk 7 Administrative Resources 7 Interview section 28 Points Scored 08/30/2016 Page 8 of 19 5. Standard Response Format A. General. Proposals must be submitted in writing in a manner which follows the format set out in this RFP. Each of the evaluation elements is described in detail in the RFP. For purposes of ensuring consistent use, mutual understanding of items, and comparability of terms, if a Proposal deviates from definitions used in this RFP, the Proposal should identify the differences and/or define any terms with special meaning that differs from the definitions in this RFP. B. Specific Elements of Proposal. At a minimum, Proposals must address the following specific elements: 1. Proposer 1.0 Identification. Provide the name of entity submitting the Proposal, its principal place of business, including street address, mailing address, telephone, fax and e-mail addresses. Provide the same information for Proposers principal office in Maine, if different. Identify Proposer’s key management (including key staff in Maine), the individual serving as Proposer’s principal point of contact, and the individual serving as Proposer’s principal point of contact during the RFP consideration period, if different. In the event the Proposer is not the Provider, the Proposal shall identify the same identifying information for the Provider as required for the Proposer, including address(es) and points of contact. 1.1 Organizational relationships. Provide a description of the organizational relationships between or among Provider and Provider’s parent or affiliate entities. Include all relationships above the Proposer to the top-most organization and all relevant affiliates—that is, any affiliate entities in related businesses, and any which may be called upon for financial, technical, staff, or program support. In the event the Proposal is submitted by an entity other than the Provider, the Proposer shall also identify any business affiliations or relationships with the Provider. 2. Restrictions on Business Activity or debarment The Proposal shall identify whether the Provider and/or the Proposer, as appropriate, has provided contracts to customers in CMP and Bangor Hydro territories in the past 08/30/2016 Page 9 of 19 and whether such entities have any restrictions in providing service within these territories. Has Proposer and/or Provider, or any key management person within such organization, as appropriate, been investigated or charged by any federal, state, or regional governmental body for any fraudulent or other criminal activity in the past five years? Has any such individual been convicted of engaging in any such activities within the past five years either through a determination of a tribunal, plea, or consent? Please list and explain all of these investigations, charges, or convictions. 3. Power Sourcing 3.1 Plan for obtaining power. Describe Proposer’s and/or Provider’s, as appropriate, plan for obtaining electricity supply to fulfill commitments of the Proposal. Does Provider own any generation facilities? How will the purchase of electric power for Members be made, what general arrangements to this end does Provider and/or Proposer have in place currently? 3.2 Market relationship. To the extent the regional wholesale electricity market is being relied upon, describe Proposer’s and/or Provider’s length of participation in ISO-NE markets and participation in NEPOOL. How long has Provider and/or Proposer been active in Maine markets? As part of due diligence for evaluation purposes, MPO will review the last few years of Maine Public Utilities Commission CEP (Competitive Electricity Provider) reports and, if MPO finds these were redacted or are otherwise confidential, MPO reserves the right to ask Proposer for a copy of the original report. 4. Transmission 4.1 NEPOOL inapplicability. Maine PowerOptions requests that Proposals are developed in a manner consistent with the New England Power Pool rules. To the extent the NEPOOL arrangements are not applicable to any or all of Proposer’s and/or Provider’ transactions with Members, a statement indicating exceptions should be submitted as part of the Proposal. 4.2 Regulatory changes. If the Proposer intends to propose a modification to the Participant Agreement to pass through the costs or benefits of any changes in law related to the supply of electricity under such contracts, such proposed modifications should be identified and explained. 08/30/2016 Page 10 of 19 5. Rates, terms and conditions. Provide the details of the proposed power supply arrangement including addressing the following points: 5.1 Characteristics of Supply Service. Electric supply service is to be firm service in accordance with the terms and conditions proposed in the Participant Agreement, with delivery assured to each account of each Member. If any form of contract other than one substantially similar to the Participant Agreement is to be offered, the Proposal should clearly explain each variation. 5.2 Pricing. Proposer should identify and submit their standard form retail electricity supply contract, including any terms and conditions, that governs any indicative prices submitted under Section 4(A) of this RFP. If no standard form retail contract is identified and submitted, MPO will assume that the prices reflect the terms and conditions contained in the Participant Agreement. 5.3 Price Guarantees. Describe fully any guarantees that are included in the Proposal. Specifically, address whether the Proposer will provide its lowest price to Members when factors such as utility territory, load profile, and rate class are equal. What corporate or ‘parental’ guarantees will be offered? 6. Metering and Billing 6.1 Process. Proposers should clearly explain the anticipated billing process for power supplied for Members. It is anticipated that firm fixed price agreements can be billed by utilities. Supply agreements with components passed through to customers, or more flexible agreements, will need to be billed by suppliers. Provide a sample bill and provide some assurances of billing accuracy. Maine PowerOptions will not perform any billing functions. 6.2 Incremental Costs. No incremental costs are expected. Please explain if any additional charges would be added, service fees, bandwidth charges, market design fees, mark-up fees etc. 08/30/2016 Page 11 of 19 7. Customer service: Inquiry, Complaint and Dispute Resolution, Credit 7.1 Availability to Consortium. Proposers should describe in detail the specific resources available to Members in the areas of customer service, billing response and all other issues related to electricity supply. 7.2 Third party billing. If Proposer relies on a third party other than the Member’s local T&D utility for support of billing or customer support, provide the credentials of the third party and recent relevant performance indicators, an acknowledgment of their participation in the Proposal, and a copy of the services agreement detailing the scope, limits, and recourses for performance inadequacies. 7.3 Credit issues. Maine PowerOptions expects Proposer and/or Provider, as appropriate, to bear the risk of Participant creditworthiness and will look unfavorably on Proposals that require credit assurances or provide for late payment penalties that are stricter than those approved for T&D billing by the applicable local T&D utility. Describe the Proposer’s plan for dealing with Member credit requirements. In making an offer to a Member, what will Provider use to evaluate credit for that potential customer? Will that credit review be at the onset of the contract or on a continual basis? 8. Maine PowerOptions Costs Maine PowerOptions requests Providers to pay MPO a set monthly amount throughout the term of the supply arrangement, which amount shall reflect the appropriate reimbursement of development, administrative, and other on-going costs. MPO prefers reimbursement on a monthly flat fee basis, although alternatives will be considered. The Proposal should explain the reimbursement mechanism offered in the Proposal. 9. Program Agreement The Proposer should review the draft Program Agreement (attached as Appendix E) which sets forth the material terms of the proposed relationship among the Provider, the Members, and with Maine PowerOptions. Please note any exceptions taken to that Agreement. 10. Standard Contract Attached as Appendix F is the Participant Agreement for electric supply service to Members. If Proposer does not wish to use this contract, please submit an alternative 08/30/2016 Page 12 of 19 agreement and explain the variations. If no contract is submitted as an alternative, MPO will assume that the Proposer will utilize the Participant Agreement. 08/30/2016 Page 13 of 19 APPENDICES Appendix A Form 1 Appendix B Form 2 Appendix C Membership Form Appendix D Data Appendix E Draft Program Agreement Appendix F Draft Participant Agreement Appendix G Price Evaluation Sheet 08/30/2016 Page 14 of 19 APPENDIX A Maine PowerOptions Request for Proposals for Electricity Supply FORM 1 - SUBMITTAL STATEMENT [Name(s) of submitting entities]:___________________________________________ a [description of the entity type] _______________________________organized in the state(s) of __________________________ ([collectively,] the “Proposer”), hereby submit[s] a proposal to supply electricity services to members of the Maine PowerOptions consortium (the “Consortium”) in accordance with the request for proposals entitled “Request for Proposals for Electricity Supply and Related Services” and dated January 31, 2014 (the “RFP”). This Proposal is submitted in accordance with and is subject to all terms of the RFP. This Proposal is a firm offer to provide electricity supply service in the manner and with the conditions described in the Proposal. This firm offer may be accepted in whole or in part. This firm offer shall remain open until March 30th 2014 regardless of any action by or on behalf of Maine PowerOptions (“MPO”) or any member of the Consortium, including, without limitation, the making of any counteroffer or engaging in negotiations of any type with the Proposer or any affiliate of Proposer or other entity. Each of the undersigned certifies under penalties of perjury that this Proposal has been made and submitted in good faith and without collusion or fraud. Proposer, including each entity comprising Proposer, if more than one, hereby affirms its commitment to provide the financial, staff, management and other resources necessary to ensure fulfillment of its obligations to Maine PowerOptions and Maine PowerOptions Participants. ____________________________ ______________________________ [Name of Proposer] [Name of Proposer] By: ________________________ By____________________________ Name: ______________________ Name: _________________________ Title: _______________________ Title: __________________________ Date: Date: __________________________ _____________________ The undersigned agree to jointly and severally guarantee the obligations of the Proposer to the extent of the offer in the Proposal. The undersigned each also guarantee jointly and severally to prompt payment or performance by the Proposer of its obligations with respect to or arising out of this Proposal and the firm offer it embodies, and each of the undersigned waives all defenses of a surety.Name of Guarantor: _____________________________ By: __________________________ Title: ________________________ Name of Guarantor: _______________________ By: _______________________ Title: ________________________ Date: ______________________ 08/30/2016 Page 15 of 19 APPENDIX B Maine PowerOptions Request for Proposals for Electricity Supply FORM 2 - RELEASE AND WAIVER OF CLAIMS AND NON-SUIT AGREEMENT In submitting its proposal, the undersigned expressly agree[s] to release Maine PowerOptions, Inc. (“Maine PowerOptions”) and each participant or Member in the Maine PowerOptions consortium (the “Consortium”) from any and all claims which may arise in connection with the Request for Proposals dated January 31, 2014 issued by Maine PowerOptions (the “RFP”), the evaluation of proposals and other information received in response to or in connection with the RFP, or any negotiations arising from the RFP. This release and non-suit agreement shall not be enforceable in the event of fraud or other illegal activity by Maine PowerOptions in direct and specific connection with the RFP process. ____________________________ ______________________________ [Name of Proposer] [Name of Proposer] By: _________________________ by: ___________________________ Name: _______________________ Name: _________________________ Title: ________________________ Title: __________________________ ____________________________ ____________________________ [Name of Guarantor] [Name of Guarantor] (Appendix C page 1 of 2) By: _________________________ by: __________________________ Name: ______________________ Name: ________________________ Title: ________________________ Title: _________________________ Date: _______________________ Date: _________________________ 08/30/2016 Page 16 of 19 APPENDIX C Maine PowerOptions Authorization to Release Information On behalf of the PowerOptions member (“Member”) named below, the undersigned hereby authorizes Member’s electric providers and their affiliates or agents, and Member’s and their affiliates or agents, to provide to Maine PowerOptions or its designated representatives information regarding Member’s (and Member’s affiliates’) electricity consumption, characteristics, and billing data. The information provided may be requested by Maine PowerOptions or by representatives of Member for delivery to Maine PowerOptions. The format of the request and desired response may be directed, and agreed with the provider of the information, by Maine PowerOptions. Member has provided Maine PowerOptions with a list of its utility service accounts, or other energy accounts, which are to form the basis of requests. Information regarding additional accounts of Member or its affiliates may be released to Maine PowerOptions upon inclusion in the list. For supply arrangements procured through the Maine PowerOptions program, Member specifically authorizes the release of billing data to Maine PowerOptions for the limited use of verifying billing or rate accuracy, or to aggregate with other member’s data for purposes of analysis of program effectiveness. Member specifically authorizes delivery of disaggregated data regarding its accounts. Data may be provided separately for each account, if requested. Restrictions and limitations on the use of the data provided to Maine PowerOptions are described in an agreement between Member and Maine PowerOptions and need no further elaboration by providers. Maine PowerOptions is obligated to maintain a file of this Authorization and any revocations. The file may be consulted for authorization validity at Maine PowerOptions, 127 Community Drive, P.O. Box 2268, Augusta, ME 04338 877-852-3332 or 207621-0744. Member Organization (Legal Name): _______________________________________ Authorized by (print name): _____________________________________________ Signature: _______________________________________ Title: ______________________ Telephone: ______________________ FAX: ______________________ Date: _______________ e-mail: ______________________________ 08/30/2016 Page 17 of 19 Maine PowerOptions P.O. Box 2268 127 Community Drive Augusta, ME 04338-2268 877-852-3332 x211 (voice) 207-621-0744 x211 (voice) 207-623-5359 (FAX) Agreement Regarding Energy Data The undersigned (“Member”) has indicated its intent to participate in Maine PowerOptions, a program of the Maine Municipal Bond Bank (“MMBB”) and the Maine Health & Higher Educational Facilities Authority ("MHHEFA"). To carry out the goals of the consortium, MMBB and MHHEFA and Member more specifically agree to the gathering and tabulation of relevant energy data as described below. Throughout this Agreement, references to Member also include the Member’s affiliates. Member will provide data that MMBB and MHHEFA reasonably request for the purposes of 1) describing and evaluating Member and its integration into the consortium, 2) describing the business volume and characteristics of the consortium and various subsets, 3) representing the group to potential suppliers, aggregators and other service providers, 4) calculating group benefits, and 5) other purposes consistent with the aims of Maine PowerOptions. Member also agrees to facilitate MMBB’s and MHHEFA's efforts to obtain information directly from its suppliers or others with access to needed data; the “Authorization to Release Information” will evidence its approval. Member understands its data may be obtained and used by MMBB and MHHEFA in disaggregated form and that MMBB and MHHEFA expects to release consortium information only in aggregated formats, combined in various ways for evaluation. MMBB and MHHEFA agrees not to identify Member’s data without express consent, or to release disaggregated data unless Member, by virtue of size or load characteristics, is unavoidably the sole member of an evaluated class. MMBB and MHHEFA will use its best efforts to avoid publishing analyses that single out members and to mask identities in any such presentations. MMBB and MHHEFA agrees that, absent a lawful order to the contrary, it will release only Member’s identifiable disaggregated data to any party with a current agreement with Maine PowerOptions. MMB and MHHEFA will not release disaggregated data to any party not related to or contracted with Maine PowerOptions, without Member’s specific written approval. Member specifically acknowledges that its data may be or may become available to others through sources other than MMBB and MHHEFA. In the event of Member’s withdrawal from Maine PowerOptions, Member’s data will be excluded from subsequent MMBB and MHHEFA analyses and MMBB and MHHEFA will have no further right to access, or responsibility to maintain the information. Upon request, a copy of its data will be provided to Member. Agreed this _____________day of ___________, 20__, FOR: Maine PowerOptions P.O. Box 2268 127 Community Drive Augusta, ME 04338-2268 Member: By: _______________________ By: Signature: _______________________ Signature: ________________________ (Address) ________________________ (print name and sign below) ________________________ Title: _______________________ Title: ________________________ Telephone: ________________________ Telephone: 877-852-3332 or 207-621-0744 FAX: 207-623-5359 e-mail: _______________________ FAX: ________________________ (Organization Name) ________________________ e-mail: ________________________ 08/30/2016 Page 18 of 19 APPENDIX D Maine PowerOptions Representational Data Member Accounts & Contract Periods Maine PowerOptions Electricity Purchasing Consortium RFP TOTAL ACCOUNTS Representative Data Small Medium Large Street Lights On Record-Not Contracted through Consortium 3503 814 44 351 Contracted through Consortium 1680 1033 41 122 Totals 5183 1847 85 473 Note: Maine PowerOptions has endeavored to ensure consistency and accuracy in the data but does not warrant the consistency or accuracy of the data. Values in this table represent usage under contract and supply commitments for some or all of the periods listed above. Members, accounts and load to be supplied in the future may vary significantly from this table. 08/30/2016 Page 19 of 19