Current through Register 1527, August 2, 2024
Section 17.04 - Methods for Soliciting and Entering into Long-term Contracts(1) Distribution companies shall coordinate with DOER in developing their timetables and methods for solicitations and contracting to ensure that the timing of their solicitations is appropriate and the methods will foster competitive bids. Distribution companies shall consider participating in a DOER-administered solicitation process prior to conducting their own solicitations. Distribution companies may consider additional reasonable methods of soliciting proposals from renewable energy developers including public solicitations, individual negotiations, or other methods.(2) In developing the provisions of long-term contracts, distribution companies shall consider multiple contracting methods such as long-term contracts for renewable energy certificates (RECs), for energy, or for a combination of RECs and energy.(3) If a distribution company determines that the terms and conditions of a contract obligation would place an unreasonable burden on its balance sheet, it may decline to consider the contract proposal. Distribution companies shall report to and demonstrate for the Department the effect that a rejected contract proposal would have had on its balance sheet within ten business days of the rejection.(4) Prior to initiating a solicitation, a distribution company's timetable and methods for solicitation and contracting shall be subject to review and approval by the Department.(5) In any filing supporting the timetable and methods for solicitation and contracting, distribution companies shall: (a) Describe proposed methods reviewed or selected;(b) Document the agenda, content, and outcome of all consultations with DOER;(c) Attach to their filing comments by DOER on the solicitation and contracting methods reviewed and selected;(d) Identify areas of agreement and disagreement with DOER; and(e) Respond to each question or concern raised by DOER in its comments with respect to the solicitation and contracting processes reviewed and selected.