4 Colo. Code Regs. § 723-3-3537
Current through Register Vol. 47, No. 11, June 10, 2024
Section 4 CCR 723-3-3537 - NWA Solicitation Process (Phase II)(a) The utility shall propose in its DSP (Phase I) Application appropriate timelines for the release of the RFP(s), the receipt of bids, evaluation of bids, the utility's proposal to the Commission, the filing of the independent evaluator report, party comments in response to the independent evaluator report, and the Commission decision. These timelines should consider similar timelines as expressed in the Electric Resource Planning Rules, specifically rule 3613. The timelines proposed by the utility and approved by the Commission in the DSP (Phase I) shall describe an appropriately expedited, comment-based NWA Solicitation Process (Phase II) to facilitate timely decisions and implementation of NWA bids.(b) For projects which meet the Major Distribution or Major Transmission grid threshold and NWA suitability screening criteria, an Independent Evaluator (IE) shall be retained. (I) The utility shall file for Commission approval the name of the independent evaluator. The Commission shall approve an independent evaluator by written decision during Phase I.(II) The utility shall pay for the services provided by the independent evaluator pursuant to a contract approved by the Commission. In its Phase I DSP Application, the utility shall specify the level and structure of any bid fees proposed to offset the independent evaluator and solicitation costs. The terms of such contract shall prohibit the independent evaluator from assisting any entity making proposals to the utility for subsequent resource acquisitions for three years.(III) The utility shall work cooperatively with the independent evaluator and shall provide the independent evaluator immediate and continuing access to all documents and data reviewed, used, or produced by the utility in the preparation of its projects which meet the Major Distribution or Major Transmission grid threshold and NWA suitability screening criteria and in its bid solicitation, evaluation, and selection processes. The utility shall make available the appropriate utility staff to meet with the independent evaluator to answer questions and, if necessary, discuss the prosecution of work. The utility shall provide to the independent evaluator, in a timely manner to facilitate the deadlines outlined in these rules, bid evaluation results and modeling runs so that the independent evaluator can verify these results and can investigate options that the utility did not consider. If the independent evaluator notes a problem or a deficiency in the bid evaluation process, the independent evaluator should notify the utility.(IV) All parties in the DSP proceeding other than the utility are restricted from initiating contacts with the independent evaluator. The independent evaluator may initiate contact with the utility and other parties. For all contacts with parties in the DSP proceeding, including those with the utility, the independent evaluator shall maintain a log that briefly identifies the entities communicating with the independent evaluator, the date and duration of the communication, the means of communication, the topics discussed, and the materials exchanged, if any.(V) The independent evaluator shall generally serve as an advisor to the Commission and shall generally not be a party to the proceedings. As such, the independent evaluator shall not be subject to discovery and cross-examination at hearing.(VI) Within 30 days of a utility selecting an NWA bidder to advance to Phase II, the independent evaluator shall file a report. The independent evaluator shall address in its report whether the utility's competitive acquisition procedures and bidding policy, including the assumptions, criteria, and models, were sufficient to solicit and evaluate bids in a fair and reasonable manner, with any deficiencies specifically noted. The independent evaluator shall provide confidential versions of these reports to Commission staff and the UCA.(c) All solicitations, unless requested by the Commission, or requested by the utility and approved by the Commission, shall be conducted in a technology neutral manner.(d) The utility may require prospective bidders to sign non-disclosure agreements to obtain information deemed confidential or highly confidential.(e) After final NWA bids have been selected by the utility, the utility shall update the elements of the Action Plan that pertain to NWAs.38 CR 17, September 10, 2015, effective 9/30/201539 CR 06, March 25, 2016, effective 4/14/201639 CR 08, April 25, 2016, effective 5/15/201640 CR 22, November 25, 2017, effective 12/15/201742 CR 03, February 10, 2019, effective 3/2/201942 CR 07, April 10, 2019, effective 4/30/201942 CR 09, May 10, 2019, effective 5/30/201943 CR 08, April 25, 2020, effective 5/15/202043 CR 12, June 25, 2020, effective 7/15/202043 CR 20, October 25, 2020, effective 11/14/202044 CR 13, July 10, 2021, effective 7/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 18, September 25, 2022, effective 10/15/202246 CR 02, January 25, 2023, effective 2/14/2023