Utah Admin. Code R746-450-3 - Requests for Solar Solicitation Approvals

(1) A qualified utility that seeks to acquire a solar resource using rate recovery based on a competitive market price shall file an application with the Commission for approval of a solar solicitation that includes the following:

(a) a description of the solicitation process the qualified utility proposes to use, including an explanation of the customer(s) on whose behalf the solicitation is proposed and the manner in which the solicitation will be published;

(b) a copy of the complete proposed solar solicitation with any appendices, attachments and draft pro forma contracts;

(c) information sufficient to demonstrate that the filing complies with the requirements of Utah Code Section 54-17-807 and Commission rules;

(d) descriptions of the criteria and the methods to be used to evaluate bids, including the weighting and ranking factors to be used to evaluate bids, and explanation of the extent to which grid services frequency regulation, spinning reserves, and/or ramp control that the resource is capable of providing in addition to energy and/or capacity will be considered or evaluated;

(e) other than for a solar solicitation administered by a customer, information directing interested parties to all questions and answers regarding the solar solicitation and solicitation process posted on an appropriate website;

(f) the qualified utility's proposed cost accounting for management of the solar solicitation;

(g) if the solar solicitation is intended to solicit resources for more than one customer in a specific customer solicitation, or a specific customer solicitation will be combined with an all customers solicitation or an all customers large solicitation, the following shall also apply:

(i) the solicitation will include a proposal for how the resources or the output from resources will be apportioned to the various customers; and

(ii) in addition to combined pricing for a portion, or all of, the requested quantity, the solicitation must allow bidders to place separate bids for customers that meet the requirements of Utah Code Section 54-17-803, customers that meet the requirements of Utah Code Section 54-17-806, and all customers, each to the extent included in the solicitation.

(h) For a specific customer solicitation or all customers solicitation that a qualified utility will either administer, or participate in bid evaluation or selection for, a description of the qualified utility's proposal for:

(i) how the qualified utility's personnel involved in evaluating bids and the qualified utility's personnel involved in preparing bids to the solicitation from the qualified utility will be prevented from sharing information in a manner that may lead to unfair advantage or the perception of unfair advantage in the selection of a solar resource; and

(ii) how the qualified utility will avoid its involvement in bid evaluation or selection from being affected by bias.

(i) Any other information the Commission may require.

(2) Solar Solicitation Approval Process.

(a) For a specific customer solicitation that is not combined with an all customers solicitation or an all customers large solicitation:

(i) the qualified utility shall also include in its application information sufficient for the Commission to make the following determinations:

(A) that the solar solicitation and bid evaluation will create a level playing field that will allow fair competition between the qualified utility and other bidders;

(B) that, excluding applicable requirements of the qualified utility's federally regulated transmission function, the interconnection and transmission related requirements and conditions will be equally applicable to the qualified utility and other bidders;

(C) that projects proposing to interconnect or deliver to various locations on the qualified utility's transmission system will have a fair opportunity to bid and have the impacts of the interconnection or delivery locations objectively considered in the selection process, provided that solicitation parameters requested by specific customers may limit interconnection or delivery locations; and

(D) that the solar solicitation is in the public interest.

(ii) the Commission shall provide public notice of the application. Interested parties may file comments on the application within 30 days of the notice. Interested parties shall have 15 days to respond to any comments, and, unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will issue an order within 60 days of the application.

(b) For an all customers solicitation, including an all customers solicitation that is combined with a specific customer solicitation:

(i) the qualified utility shall also include in its application information sufficient for the Commission to make the following determinations:

(A) that the solar solicitation and bid evaluation will create a level playing field that will allow fair competition between the qualified utility and other bidders;

(B) that, excluding applicable requirements of the qualified utility's federally regulated transmission function, interconnection and transmission related requirements and conditions will be equally applicable to the qualified utility and other bidders;

(C) that projects proposing to interconnect or deliver to various locations on the qualified utility's transmission system will have a fair opportunity to bid and have the impacts of the interconnection or delivery locations objectively considered in the selection process, provided that solicitation parameters requested by specific customers may limit interconnection or delivery locations; and

(D) that the solar solicitation is in the public interest.

(ii) the Commission will provide public notice of the application. Interested parties may file comments on the application within 30 days of the notice. Interested parties shall have 15 days to respond to any comments. The Commission will hold a scheduling conference to set the time for public hearing. Unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will set a hearing date that is within 75 days of the application.

(c) For an all customers large solicitation, including an all customers large solicitation that is combined with an all customers solicitation or a specific customer solicitation, or both:

(i) Parts 1 through 5 of the Energy Resource Procurement Act are applicable.

(ii) the qualified utility shall include all of the information required under subsection 3(1) of this rule in its application under R746-420.

(iii) in its application for Commission approval under R746-420 for an all customers large solicitation, the qualified utility shall also include in such application information sufficient for the Commission to make the following additional determinations:

(A) that the solar solicitation and bid evaluation will create a level playing field that will allow fair competition between the qualified utility and other bidders;

(B) that, excluding applicable requirements of the qualified utility's federally regulated transmission function, interconnection and transmission related requirements and conditions will be equally applicable to the qualified utility and other bidders;

(C) that projects proposing to interconnect or deliver to various locations on the qualified utility's transmission system will have a fair opportunity to bid and have the impacts of the interconnection or delivery locations objectively considered in the selection process, provided that solicitation parameters requested by specific customers may limit interconnection or delivery locations; and

(D) that the solar solicitation is in the public interest.

(iv) the Commission will provide public notice of the application. The process for approval of the application will be governed by the Energy Resource Procurement Act and R746-420.

(d) If no solar resource is selected at the conclusion of a solar solicitation approved by the Commission:

(i) the qualified utility shall file a report with the Commission within 30 days that includes the following:

(A) a summary of the results of the solar solicitation;

(B) the reasons for not acquiring the lowest cost solar resource bid into the solar solicitation; and

(C) any other information the Commission may require.

(ii) the Commission will provide public notice of the report. Interested parties may file comments regarding the qualified utility's report or the solar solicitation that resulted in such report within 30 days of the notice. Interested parties shall have 15 days to respond to any comments. After considering the report and information filed by the qualified utility and the comments received, the Commission may determine whether further comments, proceedings, or actions may be appropriate and in the public interest.

Notes

Utah Admin. Code R746-450-3

Adopted by Utah State Bulletin Number 2019-2, effective 12/24/2018