Procedures for participation in the request for proposal process for private power producers and private power providers (Repealed)

producers and private power providers (a) Following Department approval of the request for proposal pursuant to Section 16-243a-4 (a), each electric public service company shall respond as follows: (1) Within thirty working days after approval of the filed request for proposal, the electric public service company shall issue the request for proposal in a manner which shall reasonably be designed to ensure that those interested in responding may have an opportunity to learn of it, including but not limited to publication in state newspapers of general circulation. A list of the published notices shall be filed with the Department when the request for proposal is issued. The company shall identify a date on which all final responses to the request for proposal shall be filed with the Department. Such date shall be one hundred twenty days from the issuance of the request for proposal. (2) Each electric public service company shall provide all information necessary for private power producers and private power providers to develop their proposals in a timely manner, including but not limited to, the following items: (A) A method by which private power producers and private power providers may obtain an estimate of interconnection costs; (B) A method by which private power producers and private power providers may determine the ratepayer impact of their proposals; (C) A method by which private power producers and private power providers may obtain clarifying and procedural information, not including assistance with formulating proposals. (3) The electric public service company shall evaluate responses of private power producers and private power providers to the requests for proposals issued pursuant to Section 16-243a-4 (a) of these regulations in the following manner: (A) The electric public service company shall be present at the opening of the proposals filed pursuant to Section 16-243a-5 (b) (2) and 16-243a-5 (c) (2) of these regulations, shall receive three copies of each proposal, and shall evaluate each proposal for completeness and accuracy of response to the request for proposal, and conformity with the criteria of the Department as adopted by the Department in the decision issued pursuant to Section 16-243a-3 of these regulations. (B) Each electric public service company shall submit its evaluation of proposals to the Department within sixty days after the proposal submission date. The evaluation shall include a recommendation as to which proposals should be awarded contracts. Such recommendation, for each proposal and for the aggregate of all recommended proposals, shall include documentation which addresses: (1) the criteria established by the Department, (2) the effect on the electric public service company's revenue requirements, (3) the effect on the safety, reliability and capability of the electric public service company system, and (4) such other information as the Department may specify in its decision pursuant to Section 16-243a-3 of these regulations. (C) At any time in the process, for good cause shown, the Department may consider or order modifications to proposals; reject any and all proposals; direct the electric public service company to solicit again for proposals; or suspend the ranking and selection process for cogeneration and small power production and the provision of conservation and demand management measures by private power providers. (b) Private power producers who intend to respond to the approved request for proposal shall proceed as follows: (1) Within thirty days of the issuance of a request for proposal by an electric public service company, any private power producer who intends to respond to a request for proposal shall file a statement of intent to file a proposal. (2) Private power producers must submit to the Department ten copies of their final responses to the request for proposal on or before the date established by the electric public service company, as specified in Section 16-243a-4 of these regulations. Such proposals shall remain sealed until the first business day following the date on which all final responses are due. (3) Proposals submitted in response to an approved request for proposal must include sufficient information and documentation to permit evaluation of the proposal according to the criteria established in Section 16-243a-3 (b) (2) of these regulations. Such information should include but not be limited to the following categories of data: (A) Pricing proposal including initial price, payment escalation mechanism and proposed payment stream over the contract term; (B) Project structure, including thermal user if any, ownership, relationship among project participants, and documentation of corporate and financial status of participants; (C) Proposed fuel and documentation of fuel supply and source; (D) Proposed location and documentation of site control; (E) Preliminary engineering data and technical specifications; (F) Proposed capitalization plan and documentation of financial viability; (G) Environmental permit requirements and preliminary construction milestone schedule; (H) Such other information as the Department may specify in the decision issued pursuant to Section 16-243a-3 of these regulations. (c) Private power providers who intend to respond to the approved request for proposal shall proceed as follows: (1) Within thirty days of the issuance of a request for proposal by an electric public service company, any private power provider who intends to respond to a request for proposal shall file a statement of intent to file a proposal. (2) Private power providers must submit to the Department ten copies of their final responses to the request for proposal on or before the date established by the electric public service company, as specified in Section 16-243a-4 of these regulations. Such proposals shall remain sealed until the first business day following the date on which all final responses are due. (3) Proposals submitted in response to an approved request for proposal must include sufficient information and documentation to permit evaluation of the proposal according to the criteria established in Section 16-243a-3 (b) (4) of these regulations. Such information should include but not be limited to the following categories of data: (A) Pricing proposal including initial price, payment escalation mechanism and proposed payment stream over the contract term; (B) Project structure, including utility customer if any, ownership, relationship among project participants, and documentation of corporate and financial status of participants; (C) Documentation of fuel used and energy saved or displaced, measured in British thermal units at the point of use; (D) Proposed location, including specific utility customer or customers, if appropriate, and documentation of site control or site access; (E) Technical specifications and documentation of anticipated program savings over term of proposed contract; (F) Proposed financing plan and documentation of financial viability; (G) Environmental permit requirements and preliminary project schedule, including date of service delivery; (H) Megawatts of capacity and kilowatthours of energy saved and the manner of measurement of delivery or savings; (I) Reliability and non-performance provisions; and (J) Such other information as the Department may specify in the decision issued pursuant to Section 16-243a-3 of these regulations. (d) Each electric public service company that has issued a request for proposals for the provision of conservation and demand management measures from private power providers pursuant to Section 16-243a-3 (c) shall, within 120 days of the issuance of the Department's decision pursuant to Section 16-243a-3 (c) of these regulations, submit a report to the Department setting forth the details of the company's compliance with the Department's decision, including but not limited to: (1) Information as to the means and media used by the company to provide information to potential private power providers about the conservation or demand management measures sought by the utility; (2) List of private power providers submitting proposals to the electric public service company; (3) The electric public service company's evaluation of each proposal submitted by a private power provider; (4) The electric public service company's recommendation to the Department as to which proposals are feasible, cost effective, and consistent with the Department's criteria, and a ranking of all proposals; (5) Such other information as the Department may require in its decision pursuant to Section 16-243a-3 (c) of these regulations or that the electric public service company believes may be useful to the Department in reviewing and evaluating proposals of private power providers. (e) In evaluating, recommending and ranking private power providers' proposals, the electric public service company shall consider: (1) The factors and evaluation criteria as determined by the Department under the provisions of Section 16-243a-3 (b) of these regulations; (2) Effects on the safety, stability and reliability of the utility's electric system; (3) Measurement of anticipated dollar, energy and capacity savings, and an explanation of the methodology used to calculate and estimate such savings; (4) Pricing, including ratepayer impact; (5) Consistency with state energy policy; (6) Likely environmental impact, and status of all necessary environmental permits; (7) Operational characteristics; (8) Proposed operation or implementation date; (9) The ratepayer or groups of ratepayers to whom the conservation and load management measures would be made available; (10) Such other information as the Department may specify in the decision issued pursuant to Section 16-243a-3 (c) of these regulations; and (11) Other pertinent information relating to the proposal, the private power provider, or impact of the conservation and load management measures.