Arizona Administrative Code › Title 14 - PUBLIC SERVICE CORPORATIONS; CORPORATIONS AND ASSOCIATIONS; SECURITIES REGULATION › Chapter 2 - CORPORATION COMMISSION - FIXED UTILITIES › Article 7 - RESOURCE PLANNING AND PROCUREMENT › Section R14-2-706 - Independent Monitor Selection and Responsibilities

Current through Register Vol. 30, No. 28, July 12, 2024
A. When a load-serving entity contemplates
				engaging in an RFP process, the load-serving entity shall consult with Staff
				regarding the identity of companies or consultants that could serve as
				independent monitor for the RFP process.
B. After consulting with Staff, a
				load-serving entity shall create a vendor list of three to five candidates to
				serve as independent monitor and shall file the vendor list with Docket Control
				to allow interested persons time to review and file objections to the vendor
				list.
C. An interested person shall
				file with Docket Control, within 30 days after a vendor list is filed with
				Docket Control, any objection that the interested person may have to a
				candidate's inclusion on a vendor list.
D. Within 60 days after a vendor list is
				filed with Docket Control, Staff shall issue a notice identifying each
				candidate on the vendor list that Staff has determined to be qualified to serve
				as independent monitor for the contemplated RFP process. In making its
				determination, Staff shall consider the experience of the candidates, the
				professional reputation of the candidates, and any objections filed by
				interested persons.
E. A
				load-serving entity that has completed the actions required by subsections (A)
				and (B) to comply with a particular Commission Decision is deemed to have
				complied with subsections (A) and (B) and is not required to repeat those
				actions.
F. A load-serving entity
				may retain as independent monitor for the contemplated RFP process and for its
				future RFP processes any of the candidates identified in Staff's
				notice.
G. A load-serving entity
				shall file with Docket Control a written notice of its retention of an
				independent monitor.
H. A
				load-serving entity is responsible for paying the independent monitor for its
				services and may charge a reasonable bidder's fee to each bidder in the RFP
				process to help offset the cost of the independent monitor's services. A
				load-serving entity may request recovery of the cost of the independent
				monitor's services, to the extent that the cost is not offset by bidder's fees,
				in a subsequent rate case. The Commission shall use its discretion in
				determining whether to allow the cost to be recovered through customer
				rates.
I. One week prior to the
				deadline for submitting bids, a load-serving entity shall provide the
				independent monitor a copy of any bid proposal prepared by the load-serving
				entity or entity affiliated with the load-serving entity and of any benchmark
				or reference cost the load-serving entity has developed for use in evaluating
				bids. The independent monitor shall take steps to secure the load-serving
				entity's bid proposal and any benchmark or reference cost so that they are
				inaccessible to any bidder, the load-serving entity, and any entity affiliated
				with the load-serving entity.
J.
				Upon Staff's request, the independent monitor shall provide status reports to
				Staff throughout the RFP process.