(1) A
Soliciting Utility filing for approval of a proposed Solicitation and
Solicitation Process in accordance with the Energy Resource Procurement Act
(Act) shall file a request for approval of the proposed Solicitation and
Solicitation Process (Application) which shall include testimony and exhibits
which provide:
(a) A description of the
Solicitation Process the Soliciting Utility proposes to use;
(b) A copy of the complete proposed
Solicitation with appendices, attachments and draft pro forma contracts if
applicable;
(c) Information to
demonstrate that the filing complies with the requirements of the Act and
Commission rules;
(d) Descriptions
of the criteria and the methodology, including any weighting and ranking
factors, to be used to evaluate bids;
(e) Information directing parties to all
questions and answers regarding the Solicitation and Solicitation Process
posted on an appropriate website;
(f) Information on how participants in the
pre-issuance Bidders' conference should submit advance written questions to the
Soliciting Utility that are to be addressed at the pre-issuance Bidder's
conference;
(g) A list of
potentially interested parties to whom the Soliciting Utility has sent or will
send notices of the filing of the request for approval of the proposed
solicitation with the Commission; and
(h) Other information as the Commission may
require.
(2) At the time
of filing, or earlier if practicable, the Soliciting Utility shall provide to
the Independent Evaluator, data, information and models necessary for the
Independent Evaluator to analyze and verify the models.
(3) Pre Bid-Issuance Procedures. Prior to
applying for approval of a proposed Solicitation:
(a) The Soliciting Utility shall give advance
notice to the Commission as soon as practicable that it intends to conduct a
Solicitation Process but not later than 60 days prior to the filing of the
draft Solicitation and Solicitation Process to enable the Commission to
promptly hire an Independent Evaluator;
(b) The Soliciting Utility shall hold a
pre-issuance Bidders' conference in Utah, with both in-person and conference
call participation at least 15 days prior to the time the Solicitation is filed
for approval. Interested persons may attend this conference. The Soliciting
Utility shall ensure that all questions and answers, made at the pre- issuance
Bidder's conference, are provided or recorded in writing to the extent
practicable;
(c) At the
pre-issuance Bidder's conference, the Soliciting Utility should describe to the
attendees in attendance the process, timeline for Commission review of the
draft Solicitation and opportunities for providing input, including sending
comments and/or questions to the Independent Evaluator; and
(d) No later than the date of filing of the
proposed Solicitation, the Soliciting Utility shall issue a notice to potential
bidders regarding the timeline for providing comments and other input regarding
the draft Solicitation.
(4) Process for Approval of a Solicitation.
(a) Comments on the Soliciting Utility's
Application shall be filed with the Commission within 45 days after the filing
of the Application. The Independent Evaluator shall provide comments within 55
days after the filing of the Application. The Soliciting Utility shall file
reply comments within 65 days after the filing of the Application.
(b) An Approved Solicitation and related
documents shall be posted on an appropriate website as determined by the
Commission order approving the Solicitation. Notice of the website posting of a
Solicitation shall be sent to the potential bidders identified by the
Soliciting Utility and as otherwise directed by the Commission.
(c) All material modifications to the terms
and schedule of the Approved Solicitation must be approved by the
Commission.