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Frequently Asked Questions - #49

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Suppose that a marketer has in the past purchased standard products from a generator/wholesaler.  Suppose that both the marketer and the generator qualify in the same BGS Auction (either the BGS-RSCP or the BGS-CIEP Auction).  Can the marketer continue purchasing standard products (e.g., 7x24 blocks of energy) from the generator after they have both qualified to bid in the same auction without contravening the applicable Association and Confidential Information Rules?  Will these two Qualified Bidders, in good faith, be able to make all the certifications required by the Part 2 Application for the auction in which they are participating?

Two bidders that have qualified for the same auction and that meet in the course of conducting ordinary business (e.g., the trading of standard energy products such as 7x24 blocks of energy) do not contravene the Association and Confidential Information Rules simply through the ordinary conduct of business.  Each of these Qualified Bidders will have to certify to the fact that it does not have any knowledge of confidential information relative to the bidding strategy of the other Qualified Bidder, or any other Qualified Bidder for the same auction.  A standard product can be used not only to support a bid in the auction but it can be used outside the auction and it can be resold to another buyer in or out of the auction; furthermore, a standard product in and of itself is not sufficient to meet the supply obligations of a BGS-RSCP Supplier or of a BGS-CIEP Supplier.  As such, the transaction of a standard product does not reveal confidential information relative to bidding strategy.

However, bidders that meet in the course of ordinary business should take particular care not to discuss anything relative to their bidding strategy in the auction or auctions in which they are participating.  

11/15/2021, in Association and Confidential Information Rules.

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