Utah Code 54-17-202. Requirements for solicitation

(1)

The commission shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, outlining the requirements for a solicitation process. The rules required by this Subsection (1) shall include:

Terms Used In Utah Code 54-17-202

Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. See Utah Code 54-17-102
Benchmark option: means an energy resource against which bids in an open bid process may be evaluated that:

(a)

could be constructed or owned by:

(i)	an affected electrical utility; or

(ii)	an affiliate of an affected electrical utility; or

(b)

may be a purchase of:

(i)	electricity;

(ii)	electric generating capacity; or

(iii)

electricity and electric generating capacity. See Utah Code 54-17-102

Commission: means the Public Service Commission. See Utah Code 54-2-1

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Solicitation: means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource. See Utah Code 54-17-102

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

the type of screening criteria an affected electrical utility may use in a solicitation process including the risks an affected electrical utility may consider;

(b)	the required disclosures by an affected electrical utility if a solicitation includes a benchmark option;

(c)	the required disclosures by an affected electrical utility related to the methodology the affected electrical utility uses to evaluate bids; and

(d)	the participation of an independent evaluator in a manner consistent with Section 54-17-203.

(2)

If an affected electrical utility is subject to regulation in more than one state regarding the acquisition, construction, or cost recovery of a significant energy resource, in making the rules required by Subsection (1), the commission may consider the impact of the multistate regulation including requirements imposed by other states as to:

(a)	the solicitation process;

(b)	cost recovery of resources; and

(c)	methods by which the affected electrical utility may be able to mitigate the potential for cost disallowances.

Amended by Chapter 382, 2008 General Session

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