Current through Register 1527, August 2, 2024
Section 21.04 - Methods for Soliciting and Entering into Long-term Contracts(1) Distribution Companies shall consult with DOER in developing their timetables and methods for solicitations to ensure that the timing of their solicitations is appropriate. Distribution Companies shall consult with DOER regarding methods of execution of Long-term Contracts, and the joint solicitations required by 220 CMR 21.00 shall be coordinated by DOER.(2) Distribution Companies shall consult with the Attorney General and DOER regarding the choice of contracting and solicitation methods.(3) Beginning January 1, 2013, the Distribution Companies shall jointly select a reasonable method of soliciting proposals, which may include one developed by a regional organization in coordination with other New England states, from Renewable Energy Developers using a competitive bidding process only.(4) In developing the provisions of Long-term Contracts, Distribution Companies shall consider multiple contracting methods including Long-term Contracts for renewable energy certificates (RECs), for energy, or for a combination of RECs and energy.(5) A Distribution Company may decline to consider Long-term Contract proposals having terms and conditions that it determines would place an unreasonable burden on the Distribution Company's balance sheet, and may structure its Long-term Contracts, pricing or administration of the products purchased to mitigate impacts on the balance sheet or income statement of the Distribution Company or its parent company, subject to the approval of the Department; provided, that such mitigation shall not increase costs to ratepayers.(6) 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. Distribution Companies may use timetables and methods for the solicitation of competitively bid Long-term Contracts approved by the Department pursuant to 220 CMR 17.00: Long-term Contracts for Renewable Energy prior to January 1, 2013, upon notification to the Department prior to initiating a solicitation.(7) In any filing with the Department regarding the timetable and methods for soliciting and contracting consented to by DOER and the Attorney General, Distribution Companies shall describe the proposed methods reviewed and selected.(8) In any filing with the Department regarding the timetable and methods for soliciting and contracting where there are areas of disagreement between Distribution Companies, DOER and/or the Attorney General, Distribution Companies shall: (a) Identify the areas of disagreement;(b) Document the agenda, content, and outcome of all consultations with DOER and the Attorney General;(c) Attach to their filing comments by DOER and/or the Attorney General on the solicitation and contracting methods reviewed and selected; and(d) Respond to each question or concern raised by DOER and/or the Attorney General in their comments with respect to the solicitation and contracting processes reviewed and selected.