54-17-202. Requirements for solicitation.
(1) The commission shall make rules, in accordance with, outlining the requirements for a solicitation process. The rules required by this Subsectionshall include: Title 63G, Chapter 3, Utah Administrative Rulemaking Act (1) the type of screening criteria an affected electrical utility may use in a solicitation process including the risks an affected electrical utility may consider; the required disclosures by an affected electrical utility if a solicitation includes a benchmark option; the required disclosures by an affected electrical utility related to the methodology the affected electrical utility uses to evaluate bids; and the participation of an independent evaluator in a manner consistent with Section. 54-17-203
(2) If an affected electrical utility is subject to regulation in more than one state regarding the acquisition, construction, or cost recovery of a significant energy resource, in making the rules required by Subsection, the commission may consider the impact of the multistate regulation including requirements imposed by other states as to: (1) the solicitation process; cost recovery of resources; and methods by which the affected electrical utility may be able to mitigate the potential for cost disallowances.