Or. Admin. Code § 860-089-0300 - Resource Ownership
(1) An electric
company may submit or allow its affiliates to submit bids in response to the
electric company's request for proposals.
(a)
Electric company and affiliate bids must be treated in the same manner as other
bids.
(b) Any individual who
participates in the development of the RFP or the evaluation or scoring of bids
on behalf of the electric company may not participate in the preparation of an
electric company or affiliate bid and must be screened from that
process.
(2) An electric
company may propose a benchmark bid in response to its RFP to provide a
potential cost-based alternative for customers. The electric company may make
elements of the benchmark resource owned or secured by the electric company
(e.g., site, transmission rights, or fuel arrangements)
available for use in third-party bids.
(3) If benchmark bid elements secured by the
electric company are not made available to all bidders, it must provide
analysis explaining that decision when seeking RFP acknowledgement and recovery
of the costs of the resource in rates.
(a) If
electric company resources are offered and made available for use in
third-party bids, then the RFP may provide for appropriate compensation of
electric company resources by third-party bidders.
(b) Separate electric company affiliate bids
are not subject to this section of this rule, and no information on any
decision to offer the use of separate electric company affiliate-owned elements
to third-parties is required to be supplied to the Commission.
(4) An electric company may
consider ownership transfers within an RFP solicitation.
(5) The electric company issuing the RFP must
allow independent power producers to submit bids with and without an option to
renew, and may not require that bids include an option for transferring
ownership of the resource.
Notes
Statutory/Other Authority: ORS Ch. 183, 756, 758, 2016 OL Ch. 28
Statutes/Other Implemented: ORS 756.040, 758.060, 2016 Ch. 28, Sect. 6
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