(1) The commission shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, outlining the requirements for a solicitation process. The rules required by this Subsection (1) shall include:

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Terms Used In Utah Code 54-17-202

  • Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. See Utah Code 54-17-102
  • Benchmark option: means an energy resource against which bids in an open bid process may be evaluated that:
         (2)(a) could be constructed or owned by:
              (2)(a)(i) an affected electrical utility; or
              (2)(a)(ii) an affiliate of an affected electrical utility; or
         (2)(b) may be a purchase of:
              (2)(b)(i) electricity;
              (2)(b)(ii) electric generating capacity; or
              (2)(b)(iii) electricity and electric generating capacity. See Utah Code 54-17-102
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Solicitation: means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource. See Utah Code 54-17-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) the type of screening criteria an affected electrical utility may use in a solicitation process including the risks an affected electrical utility may consider;
     (1)(b) the required disclosures by an affected electrical utility if a solicitation includes a benchmark option;
     (1)(c) the required disclosures by an affected electrical utility related to the methodology the affected electrical utility uses to evaluate bids; and
     (1)(d) the participation of an independent evaluator in a manner consistent with Section 54-17-203.
(2) If an affected electrical utility is subject to regulation in more than one state regarding the acquisition, construction, or cost recovery of a significant energy resource, in making the rules required by Subsection (1), the commission may consider the impact of the multistate regulation including requirements imposed by other states as to:

     (2)(a) the solicitation process;
     (2)(b) cost recovery of resources; and
     (2)(c) methods by which the affected electrical utility may be able to mitigate the potential for cost disallowances.