Sec. 20.52.04.02. Evaluation and Selection of Qualified Bids

A. A utility shall evaluate a qualified bid in a nondiscriminatory manner based on:

(1) The contents of the bid submissions as specified in the model request for proposal; and

(2) The utility bid plan.

B. A utility shall select qualified bidders based on the criteria established in the model request for proposals and the utility bid plan.

C. Commission Review.

(1) As provided by Commission order, the Commission shall review all utility-selected bid proposals as a condition of any final contract.

(2) If the Commission uses a consultant for this purpose, the consultant is subject to strict confidentiality requirements established by the Commission in consultation with the utility.

D. If a utility's competitive bid process under this regulation does not provide sufficient electric supply to meet the utility's full load requirements, the Commission by order may provide a process to ensure that a utility obtains all the electricity supply needed to serve the unmet electric load requirements.

E. The processes established under §D of this regulation may include:

(1) A requirement that the utility file with the Commission a proposed alternate means of supplying the otherwise unserved load within 20 days of the utility determining that the load is unserved; or

(2) A requirement that the utility purchase the necessary electricity and other required services through the PJM market until the Commission approves another means for procuring supply to serve all of its electric load requirements.

F. The result of the competitive bidding process under this regulation is confidential and subject to the confidentiality requirement established by the Commission in consultation with the utility.