Section R746-314-402 - Solicitation for Program Renewable Energy Resource, and Acquisition Approval Process(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.Utah Admin. Code R746-314-402
Adopted by Utah State Bulletin Number 2020-03, effective 1/8/2020