Sec. 16-19ss. Solicitations for the provision of temporary electric generation facilities.
Sec. 16-19ss. Solicitations for the provision of temporary electric generation
facilities. (a) The Department of Public Utility Control may, from July 1, 2003, to
January 1, 2008, inclusive, determine, by an affirmative vote of four commissioners of
the Public Utilities Control Authority, that (1) safe, adequate and reasonably priced
electricity is not available on the wholesale market; (2) additional temporary electric
generation facilities will result in reductions in federally mandated congestion costs for
which the ratepayers of the state are responsible; and (3) the prices and costs specified
in subdivision (2) of this subsection will exceed the cost of investment in temporary
electric generation facilities. Such determination shall be in writing and shall state the
reasons supporting the determination.
(b) Upon issuing a determination pursuant to subsection (a) of this section, the
department shall hold a contested case proceeding, in accordance with the provisions
of chapter 54, to develop a request for proposal to solicit the provision of such additional
temporary electric generation facilities, containing such terms and conditions that will
best serve the interests of the public. The request for proposal process shall be designed
to ensure fairness and full participation by all qualified responders.
(c) The department may negotiate for terms and conditions necessary to conclude
a transaction with one or more entities responding to a request for proposal, after notice
to all entities that responded. The department shall base its decision to conclude a transaction on the best interest of the public and ratepayers.
(d) Nothing in this section shall be construed to allow an electric distribution company to own, operate, lease or control any facility or asset that generates electricity, or
retain any interest in such facility or asset as part of any transaction concluded pursuant
to this section, except as provided in subsection (e) of section 16-244e and sections 16-43d, 16-243m, 16-243u, 16a-3b and 16a-3c.
(P.A. 03-135, S. 17; June Sp. Sess. P.A. 05-1, S. 3; P.A. 07-242, S. 64.)
History: P.A. 03-135 effective June 26, 2003; June Sp. Sess. P.A. 05-1 amended Subsec. (d) to add exception re
generation of electricity by an electric distribution company, effective July 21, 2005; P.A. 07-242 amended Subsec. (d) to
add exceptions re generation of electricity by electric distribution company, effective July 1, 2007.