We have a CS project- Office building of 16 levels. To achieve  minimum energy performance and optimize energy performance we are applying the ACP. The HVAC cooling system consist in Cooling towers with a condensed pumping system, the condensed water is provided to each level via tapped pipes. The tenant will have the choice to install VRF or minichillers per level. The Owner will be responsible of the energy cost that represent the cooling towers and the condensed pumps and the tenant will be responsible of the system energy cost of the system they choose to install. 

We received a comment from the preliminary review  saying that all HVAC related energy must be considered developer-influenced if ACP is applied. We want to know if this applies if the HVAC plant will be operating as described above, and also in the tenant lease agreement it is indicated that the Owner will be responsible of paying only the energy cost related to the operation of CT and condenser pumps. 

Thanks in advance