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Frequently Asked Questions - Disclaimer

Disclaimer

The four New Jersey Electric Distribution Companies ("EDCs") are Atlantic City Electric Company ("ACE"), Jersey Central Power & Light Company ("JCP&L"), Public Service Electric and Gas Company ("PSE&G"), and Rockland Electric Company ("RECO"). NERA Economic Consulting serves as BGS Auction Manager. "BGS" stands for Basic Generation Service. The BGS Auction Manager prepares the material in this Frequently Asked Questions ("FAQ") section of the BGS Auction website, consisting of the "This Week" page, the "All" page and the "Topics" page. As discussed in detail in the Bidder Information Materials, the BGS Auction website in general, and this FAQ section in particular, is not the exclusive source of information that may be relevant to a Participant's circumstances or participation in the BGS Auctions. (A "Participant" is a prospective bidder, a bidder, or a current BGS Supplier). Each Participant is solely responsible for keeping itself informed of all pertinent facts and for determining what sources of information to consult regarding the BGS Auction process.

Any party can submit a question to the BGS Auction Manager through the "Ask a Question" page of this BGS Auction website and the BGS Auction Manager will attempt to answer all questions. However, the BGS Auction Manager may not be able to respond to all questions submitted. The BGS Auction Manager answers questions from Participants before questions from other parties. Further, the Auction Manager reserves the right not to provide responses to questions deemed irrelevant, duplicative or otherwise inappropriate.

By submitting a question to the BGS Auction Manager through the "Ask a Question" webpage, the submitting party consents to having its question and the BGS Auction Manager's response posted to the FAQ section of the BGS Auction website. The FAQ section is the location where questions and answers will be provided to all parties. The answers provided by the BGS Auction Manager reflect the EDCs' filings for the procurement of Basic Generation Service, as well as the decisions and Orders by the New Jersey Board of Public Utilities ("Board" or "BPU") in these matters.

Each question and answer (an "FAQ") will be tagged with the date of posting of the FAQ to the FAQ section. Information provided in any one FAQ is subject to change and modifications at any time and without notice for several reasons, including but not limited to: (1) changes in the facts or circumstances relevant to the FAQ; (2) the BPU's ongoing review and decisions; or (3) other reasons that may materially impact the accuracy, completeness, or application of the FAQ. An FAQ may be amended to reflect new information, in which case the new FAQ is posted to the "This Week", "All" and "Topics" pages, and the posting date is the date of the amendment. The FAQ that is being replaced is moved to the "Archives" page. An FAQ may also be moved to the Archives, without the FAQ being amended to reflect new information, if the information provided is no longer relevant. The EDCs and the BGS Auction Manager are under no obligation to revise, update, supplement, correct, or archive any FAQs or any information provided through the BGS Auction website generally. Each user of this FAQ section is put on notice that a posting to the "This Week", "All" and "Topics" pages of the FAQ section shall not create any implication that there has not been, since the date of an FAQ, a change with respect to the facts and circumstances relevant to the FAQs.

FAQs are provided for general informational purposes only and may not be complete or applicable to all situations or Participants. Furthermore, the information provided in this FAQ section does not purport to address all matters relevant to the EDCs' process for the procurement of BGS supply and does not purport to present any one matter in its entirety. The information provided in this FAQ section is not intended to be and does not purport to constitute a sufficient basis for Participants to determine whether to participate or to continue participating in the BGS Auction process or the terms and extent of any such participation. Each user of this FAQ section is solely and independently responsible for investigating the facts relevant to its particular circumstances, including all matters addressed in this FAQ section, and for determining what other sources of information to consult in relation to the BGS Auctions. The EDCs, the Auction Manager, the BPU and the BPU advisor are not responsible for identifying, evaluating, or bringing to the attention of any Participant information, or changes to FAQs that may bear on the cost or value of supplying any part of BGS Load.

The information provided in this FAQ section is not intended to form any part of the basis of any investment decision or valuation. The information presented is not a recommendation by the EDCs, the BGS Auction Manager, BPU, or the BPU Advisor to any user of this FAQ section to participate in the BGS Auction, and should not be considered as such.

Any statements in any FAQ describing or referring to documents and agreements are summaries only and are qualified in their entirety by reference to such document and agreements. The information presented here should not be considered to be a contract of any kind between the EDCs or the BGS Auction Manager and the user of this FAQ section.

Likewise, users of this FAQ section must not consider the information presented as any form of guaranty. Before deciding on its level of participation in the BGS Auction, if any, each user of this FAQ section should, as it deems appropriate, consult with its legal, economic, technical and financial advisors, and make its own independent assessment of the potential value to supply any part of the BGS load after making all investigations it deems necessary or advisable in its sole discretion.


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