54-17-201 - Solicitation process required -- Exception.
54-17-201. Solicitation process required -- Exception.
(1) (a) An affected electrical utility shall comply with this chapter to acquire or constructa significant energy resource after February 25, 2005.
(b) Notwithstanding Subsection (1)(a), this chapter does not apply to a significant energyresource for which the affected electrical utility has issued a solicitation before February 25,2005.
(2) (a) Except as provided in Subsection (3), to acquire or construct a significant energyresource, an affected electrical utility shall conduct a solicitation process that is approved by thecommission.
(b) To obtain the approval of the commission of a solicitation process, the affectedelectrical utility shall file with the commission a request for approval that includes:
(i) a description of the solicitation process the affected electrical utility will use;
(ii) a complete proposed solicitation; and
(iii) any other information the commission requires by rule made in accordance withTitle 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) In ruling on the request for approval of a solicitation process, the commission shalldetermine whether the solicitation process:
(i) complies with this chapter and rules made in accordance with Title 63G, Chapter 3,Utah Administrative Rulemaking Act; and
(ii) is in the public interest taking into consideration:
(A) whether it will most likely result in the acquisition, production, and delivery ofelectricity at the lowest reasonable cost to the retail customers of an affected electrical utilitylocated in this state;
(B) long-term and short-term impacts;
(C) risk;
(D) reliability;
(E) financial impacts on the affected electrical utility; and
(F) other factors determined by the commission to be relevant.
(d) Before approving a solicitation process under this section the commission:
(i) may hold a public hearing; and
(ii) shall provide an opportunity for public comment.
(e) As part of its review of a solicitation process, the commission may provide theaffected electrical utility guidance on any additions or changes to its proposed solicitationprocess.
(f) Unless the commission determines that additional time to analyze a solicitationprocess is warranted and is in the public interest, within 60 days of the day on which the affectedelectrical utility files a request for approval of the solicitation process, the commission shall:
(i) approve a proposed solicitation process;
(ii) suggest modifications to a proposed solicitation process; or
(iii) reject a proposed solicitation process.
(3) Notwithstanding Subsection (2), an affected electrical utility may acquire or constructa significant energy resource without conducting a solicitation process if it obtains a waiver ofthe solicitation requirement in accordance with Section 54-17-501.
(4) In accordance with the commission's authority under Subsection 54-12-2(2), thecommission shall determine:
(a) whether this chapter or another competitive bidding procedure shall apply to apurchase of a significant energy resource by an affected electrical utility from a small powerproducer or cogenerator; and
(b) if this chapter applies as provided in Subsection (4)(a), the manner in which thischapter applies to a purchase of a significant energy resource by an affected electrical utility froma small power producer or cogenerator.
Amended by Chapter 374, 2008 General Session
Amended by Chapter 382, 2008 General Session