(1) |
Terms Used In Utah Code 54-17-203- Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. 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
(a) |
The commission shall:
(i) |
appoint an independent evaluator to monitor any solicitation conducted by an affected electrical utility under this chapter; and |
(ii) |
oversee or direct the division to oversee the independent evaluator in monitoring any solicitation conducted by an affected electrical utility under this chapter. |
|
|
(2) |
The commission shall determine the method used to pay the fees and expenses for the independent evaluator which may include:
(a) |
the payment of a bid fee by bidders to a solicitation; or |
(b) |
(i) |
requiring the affected electrical utility to pay the fees and expenses; and |
(ii) |
permitting an affected electrical utility to recover the amounts paid under this Subsection (2)(b). |
|
|
(3) |
(a) |
The independent evaluator may not make the decision as to which bid should be awarded under the solicitation. |
(b) |
The independent evaluator shall:
(i) |
actively monitor the solicitation process for fairness and compliance with commission rules; |
(ii) |
report regularly to:
(B) |
others as directed by the commission; |
|
(iii) |
develop one or more reports addressing:
(A) |
the solicitation process; |
(B) |
any concerns of the independent evaluator related to the solicitation process; and |
(C) |
the ultimate results of the solicitation process, including the opinions and conclusions of the independent evaluator; |
|
(iv) |
provide ongoing input regarding issues, concerns, and improvements in the solicitation process with the objective of correcting ongoing deficiencies in the solicitation process to the following:
(B) |
the affected electrical utility; and |
(C) |
others as directed by the commission; |
|
(v) |
render an opinion as to whether:
(A) |
the solicitation process is:
(II) |
in compliance with this part; and |
|
(B) |
any modeling used by the affected electrical utility to evaluate bids is sufficient; |
|
(vi) |
testify in any proceeding under Section 54-17-302; and |
(vii) |
perform other functions and provide other input and reports as the commission may direct, including periodic presentations to interested parties regarding the solicitation process. |
|
|
Amended by Chapter 382, 2008 General Session