54-17-202. Requirements for solicitation.
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54-17-202. Requirements for solicitation.
(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:
(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;
(b)the required disclosures by an affected electrical utility if a solicitation includes a benchmark option;
(c)the required disclosures by an affected electrical utility related to the methodology the affected electrical utility uses to evaluate bids; and
(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:
(a)the solicitation process;
(b)cost recovery of resources; and
(c)methods by which the affected electrical utility may be able to mitigate the potential for cost disallowances.
Amended by Chapter 382 , 2008 General Session