It would be the intention of the EDCs to use data from Intercontinental Exchange, Inc. (“ICE”) as the single source used in determining the forward market energy prices in the BGS-RSCP Supplier Master Agreement; however, as stated in the Board Order Approving the EDCs’ Joint Proposal, ICE does not need to be the single source (the November 17, 2023 Board Order is available here).

Please note that the change to the definition of “Forward Market Price” will only take effect if all BGS-RSCP Suppliers serving tranches won in the 2022 and 2023 BGS-RSCP Auctions execute the Mark-to-Market Amendment (“MtM Amendment”) by January 26, 2024.  Execution of the MtM Amendment is not mandatory; the change will not go into effect for any BGS-RSCP Supplier, including those suppliers that win tranches in the 2024 BGS-RSCP Auction, if all suppliers serving tranches won in the 2022 and 2023 BGS-RSCP Auctions do not sign the MtM Amendment.  

The EDCs filed the final form of the MtM Amendment as part of their compliance filing.  The final form of the MtM Amendment is available here.  Section 2 of the MtM Amendment details the conditions that must be met by January 26, 2024 for the MtM Amendment to take effect on June 1, 2024.