Current through Bulletin 2025-12, June 15, 2025
(1) A renewable
energy resource or program as specified in Subsection
54-17-902(14)(b)(i)
or Subsection
54-17-902(14)(b)
(ii) may be adopted or procured upon approval
by the Commission based on a finding the same is reasonable and in the public
interest.
(2) To the extent funds
are collected from participating customers in excess of then-current costs,
such funds may be utilized in a balancing account to help manage unanticipated
program costs and expenses, or to help offset the impacts of customers exiting
the program.
(3) Renewable energy
assets shall be acquired for the program through a competitive solicitation
process that provides an option for the utility to own or purchase the
renewable energy assets, if the Commission finds that including such an option
is not contrary to the interest of participating customers and other customers
of the utility.
(4) For the
proposed acquisition of a solar renewable energy asset, the proposed
solicitation application, solicitation approval process, and resource
acquisition approval shall be in accordance with the provisions of Sections
R746-450-1 through
R746-450-4 as applicable to a
specific customer solicitation, except to the extent the Commission determines
that any such provision should not be applicable. The proposed terms of the
solicitation application and evaluation criteria under this subsection shall be
developed by the utility and the participating communities'
representative.
(5) For the
acquisition of a non-solar renewable energy asset, the terms of the
solicitation application and evaluation criteria under this subsection shall be
jointly developed by the utility and participating communities' representative,
and the solicitation application and approval process may either be in
accordance with Subsection
R746-314-402(4),
or the utility may file an application with the Commission for approval of a
solicitation that includes at least the following:
(a) a description of the solicitation process
proposed and the manner in which the solicitation will be published;
(b) a copy of the complete proposed
solicitation with any appendices, attachments, and draft pro forma
contracts;
(c) descriptions of the
criteria and the methods to be used by the utility and participating
communities' representatives to evaluate bids, including the weighting and
ranking factors to be used to evaluate bids;
(d) information directing interested parties
to all questions and answers regarding the solicitation and solicitation
process posted on an appropriate website;
(e) the utility's proposed cost accounting
for management of the solicitation;
(f) a description of the utility's proposed
mechanism to ensure the utility's personnel involved in evaluating bids and the
utility's personnel involved in preparing any bids into the solicitation from
the utility will be prevented from sharing information in a manner that may
lead to unfair advantage or the perception of unfair advantage in the selection
of a renewable energy resource, and how the utility will avoid its involvement
in bid evaluation or selection from being affected by bias;
(g) sufficient information for the Commission
to make the determinations required by Subsection
R746-314-402(3);
and
(h) any other information the
Commission may require.
(6) Non-Solar Renewable Energy Asset
Solicitation Approval Process.
(a) The
Commission shall approve a solicitation process if it makes the following
determinations:
(i) that the proposed
solicitation and bid evaluation process will allow fair competition among all
bidders, including the utility, if applicable;
(ii) that the solicitation process is
consistent with applicable statutes and Commission rules; and
(iii) that the solicitation process is in the
public interest.
(b) The
Commission will provide public notice of the application. Interested persons
may file comments on the application within 30 days of the notice. Interested
entities shall have 15 days to respond to any comments. The Commission will
hold a scheduling conference to set the time for public hearing. Unless the
Commission determines that another process or additional time is warranted and
is in the public interest, the Commission will set a hearing date that is
within 75 days of the date the application is filed.
(7) Non-Solar Renewable Energy Asset
Acquisition.
(a) If, following the conclusion
of the Commission-approved solicitation process, the utility seeks to purchase
a non-solar renewable energy asset selected through a Commission-approved
solicitation, then the utility shall first file an application for approval of
the purchase with the Commission, which shall include information sufficient
for the Commission to make the following determinations:
(i) that the solicitation process approved by
the Commission was complied with and adhered to in all material
respects;
(ii) that the selection
of the winning bid for a renewable energy resource was reasonable in light of
the bids received, the explanation of the scoring process, and the input
provided by the participating communities' representative; and
(iii) that the utility's purchase of the
winning renewable energy resource is otherwise in the public
interest.
(b) The
Commission will provide public notice of the application. Interested persons
may file comments on the application within 30 days of the notice. Interested
persons shall have 15 days to respond to any comments. The Commission will hold
a scheduling conference to set the time for public hearing. Unless the
Commission determines that another process or additional time is warranted and
is in the public interest, the Commission will set a hearing date that is
within 75 days of the date the application is filed.
