Reminders regarding energization extension requests and force majeure

< Back to Vendor Updates

The Illinois Power Agency and the Adjustable Block Program Administrator recognize that the COVID-19 crisis is creating uncertainties that could impact performance under Adjustable Block Program contracts. (See also the Agency’s March 20, 2020 announcement.)

Should Approved Vendors consider requesting extensions to energization deadlines and requests for force majeure, the Agency has the following procedural reminders.

Format

  • In general, requests should be made by submitting a formal letter on company letterhead in PDF format. Please include any applicable supporting documentation. Communicating that request by email is generally appropriate.
  • Please note that an energization deadline extension request is distinct from requesting the recognition of a force majeure event, and any request should clearly specify what relief is being requested and what specific clause of the contract is being invoked.

Energization deadline extensions

  • Several options for extension of energization deadlines are available; please see Section 5(b) of the REC Contract, starting on page 3.
  • Under Section 5(b), extension requests must be “made in writing by Seller to Buyer and the IPA.”  For the IPA, please email the request to [email protected].  For the Buyer, please refer to the contact sheet found within the contract itself.

Force Majeure

  • For any Approved Vendor seeking the recognition of a force majeure event under an Adjustable Bock Program REC delivery contract (see Article 6 as amended starting on page 30), the force majeure notification “must be made to both the Buyer and the IPA.”
  • In providing notification to the IPA, please email the request to [email protected].  For the Buyer, please refer to the contact sheet found within the contract itself.