ARM 38.5.8228. MINIMUM FILING REQUIREMENTS FOR DSU APPLICATIONS FOR ADVANCED APPROVAL

(1) If a DSU intends to file an application for advanced approval of a power purchase agreement, it must notify the commission and the Montana Consumer Counsel far enough in advance of filing to accommodate adequate pre-filing communication. If the power purchase contract will result from a competitive solicitation, notice must be provided before the DSU issues a request for proposals. (2) An application by a DSU for advanced approval of a power purchase agreement must incorporate by reference the DSU's most recent long-term resource plan, must include the DSU's most recent three year action plan, and must provide: (a) a complete explanation and justification of all changes, if any, to the DSU's most recent long-term resource plan and three year action plan, including how the DSU has responded to all commission written comments on the long-term plan; (b) a copy of the proposed power purchase agreement, including all appendices and attachments, if any; (c) testimony and supporting work papers demonstrating the need for the resource/electricity supply product(s) underlying the power purchase agreement; (d) testimony and supporting work papers demonstrating that the resource/electricity supply product(s) underlying the power purchase agreement: (i) is in the public interest; (ii) will facilitate achieving the goals and objectives of these guidelines; and (iii) complies with all resource procurement guidelines in this subchapter; (e) if the power purchase agreement resulted from a competitive solicitation, copies of: (i) the DSU's request for proposals; (ii) all bids received; (iii) testimony and work papers demonstrating all due diligence and bid evaluation conducted by the DSU, including the application of bid rating mechanisms and management judgment; (f) testimony and supporting work papers demonstrating that the price, term and quantity associated with the power purchase agreement are reasonable and in the public interest; (g) thorough explanation and justification for any other terms in the power purchase agreement for which the DSU is requesting advanced approval; (h) testimony describing all pre-filing communication; (i) thorough explanation and justification for any request for a commission decision less than 180 days from the date the DSU's application is filed including a specific plan for ensuring adequate due process; and (j) testimony and supporting documentation related to any advice received from the DSU's stakeholder advisory committee regarding the power purchase agreement or the underlying resource/electricity product(s) and actions taken or not taken by the DSU in response to such advice.