Current through Register Vol. 35, No. 18, September 24, 2024
A.
Every energy efficiency and load management program shall be independently
evaluated at least every three years. Every year, a public utility shall submit
to the commission a comprehensive measurement, verification and program
evaluation report prepared by an independent program evaluator.
(1) The independent program evaluator shall,
at a minimum determine and verify energy and demand savings;
(a) determine and verify energy and demand
savings;
(b) determine program cost
effectiveness by applying the monetary values contained in the utility's
approved plan year application;
(c)
assess the public utility's performance in implementing energy efficiency and
load management programs;
(d)
assess whether the utility has failed to meet its requirements under the
Efficient Use of Energy Act or has not operated in good faith;
(e) provide recommended improvements on
program performance for commission directed modification;
(f) confirm that commission approved measures
and programs were installed or implemented, meet reasonable quality standards,
and are operating fully and correctly;
(g) utilize applicable international
performance measurement and verification protocols, describe any deviation from
those protocols, and explain the reason for that deviation; and
(h) fulfill any other measurement and
verification statutory requirements not specifically delineated
herein.
(2) The public
utility shall cooperate with the independent program evaluator and commission
staff in making information and personnel available to facilitate the
independent program evaluator's proper evaluation of each public utility and
completion of a comprehensive measurement, verification and program evaluation
report.
B. The
commission, through its staff, will select and direct an independent program
evaluator to prepare and submit a comprehensive measurement, verification and
program evaluation report to the commission. Staff, to fulfill its obligation
under Subsection B of this Section, may consult with public utilities and other
interested parties.
C. Staff shall:
(1) undertake a competitive bid process and
abide by state purchasing rules and commission policies in selecting a sole
independent program evaluator to evaluate public utility compliance with the
Efficient Use of Energy Act;
(2)
develop a request for proposals ("RFP"), including the scope, terms of work,
and evaluation process to score the RFP responses;
(3) receive, review, score and rank the RFP
responses;
(4) subsequently rank
and recommend competitive qualified bidders to the commission;
(5) negotiate a contract with the competitive
bidder awarded the contract; and
(6) administer the contract, including:
confirming that contract deliverables are met, reviewing invoices and related
contract performance, and approving utility invoices after staff's review and
approval.
D. Funding for
services of the independent program evaluator's completion of a comprehensive
measurement and verification report will be paid initially by the public
utility and treated as a regulatory asset; to be recovered through rates
established in the public utility's next general rate proceeding.
E. Self-direct measures, programs,
expenditures, credits and exemptions shall be evaluated and reported in the
utility's annual report by the independent program evaluator using the same
measurement and verification standards applied to utility measures and programs
by the utility or commission-approved self-direct program
administrator.
F. Upon written
request by the large customer, the information provided by large customers to
the utility or program administrator, program evaluator, or others, shall
remain confidential except as otherwise ordered by the commission.
G. The commission may require other
information.
