(1) A utility or its subsidiary or affiliate may participate in the utility's RFP bidding process, and the utility may accept bids that will result in the utility owning or having a purchase option in the resource over its expected useful life. The utility may also consider repowering its existing resources to meet its resource need. If any one of these circumstances is expected to occur:
(a) The RFP solicitation and bidding process will be subject to the requirement for a utility to retain an independent evaluator to ensure that no unfair advantage occurs; and
(b) The utility must include statements regarding whether such circumstances exist:
(i) In its RFP;
(ii) In the transmittal letter accompanying the RFP filing; and
(2) If the utility is considering repowering a resource to meet a resource need, the utility must submit its repowering project as a bid during the RFP process.
(3) A utility and its independent evaluator may not disclose the contents or results of an RFP or competing bids to personnel involved in developing the utility's bid, or to any subsidiary or affiliate prior to making such information public. The utility must include in the RFP the methods the utility used, and will use, to ensure that it or its independent evaluator did not, and will not, improperly disclose that information.
[Statutory Authority: RCW
80.01.040,
80.04.160, and chapters
80.28, 19.280, and
19.405 RCW. WSR 21-02-023 (Docket UE-190837, General Order R-602), § 480-107-024, filed 12/28/20, effective 12/31/20.]