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Frequently Asked Questions - #56

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FAQ-56

In FAQ-55, you state that a marketer who is a Qualified Bidder in the BGS-RSCP Auction must take all due care in obtaining quotes for energy blocks from the trading desk of another Qualified Bidder.  Similarly, in FAQ-50 you discuss transactions for shaped energy.  Must the same care be exercised by the marketer if the marketer instead goes to the broker market (using the inherent shield of anonymity) to obtain market price information for power products that may be used as components of BGS-RSCP supply (without making purchases through the broker in question)?


Yes.  As explained in FAQ-55, care must be exercised so that the marketer can make and uphold the certifications in the Part 2 Application that state that the marketer will not disclose confidential information relative to its bidding strategy or regarding the Auction Process.  These certifications apply to disclosure of confidential information not just to other Qualified Bidders, but to anyone, including a broker.

Please note that FAQ-55 referred to quotes for energy only, while the question posed here refers to “power products that may be used as components of BGS-RSCP supply.”  The marketer is asked in its Part 2 Application to certify and uphold the certification that it will not disclose confidential information regarding the Auction Process.  Confidential information regarding the Auction Process includes the fact that the marketer is a Qualified Bidder in the BGS-RSCP Auction.  To make and uphold this certification, the marketer must take care not to reveal that it is a Qualified Bidder indirectly by seeking quotes for products that would only be of use to a Qualified Bidder in the BGS-RSCP Auction.  As an example, power products tied to serving a BGS-RSCP tranche for a particular EDC, such as the full-requirements service for a percentage of the EDC's BGS-RSCP load, would only be useful to a bidder in the BGS-RSCP Auction.  Asking for quotes for these products would reveal confidential information regarding the Auction Process (namely, the fact that the entity asking for the quote is a Qualified Bidder) to the broker.  We note that we believe this situation unlikely since, to the best of our knowledge, products that are directly tied to BGS-RSCP supply are not traded in the broker market.



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

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