54-17-202 - Requirements for solicitation.
54-17-202. Requirements for solicitation.
(1) The commission shall make rules, in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, outlining the requirements for a solicitation process. The rulesrequired by this Subsection (1) shall include:
(a) the type of screening criteria an affected electrical utility may use in a solicitationprocess including the risks an affected electrical utility may consider;
(b) the required disclosures by an affected electrical utility if a solicitation includes abenchmark option;
(c) the required disclosures by an affected electrical utility related to the methodology theaffected electrical utility uses to evaluate bids; and
(d) the participation of an independent evaluator in a manner consistent with Section54-17-203.
(2) If an affected electrical utility is subject to regulation in more than one state regardingthe acquisition, construction, or cost recovery of a significant energy resource, in making therules required by Subsection (1), the commission may consider the impact of the multistateregulation 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 potentialfor cost disallowances.
Amended by Chapter 382, 2008 General Session