Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 21.00 - Subdivision › Section 21.04 - Methods for Soliciting and Entering into Long-term Contracts

Current through Register 1525, July 5, 2024
(1) Distribution Companies shall consult with
		DOER in developing their timetables and methods for solicitations to ensure
		that the timing of their solicitations is appropriate. Distribution Companies
		shall consult with DOER regarding methods of execution of Long-term Contracts,
		and the joint solicitations required by
		220 CMR
		21.00 shall be coordinated by DOER.
(2) Distribution Companies shall consult with
		the Attorney General and DOER regarding the choice of contracting and
		solicitation methods.
(3) Beginning
		January 1, 2013, the Distribution Companies shall jointly select a reasonable
		method of soliciting proposals, which may include one developed by a regional
		organization in coordination with other New England states, from Renewable
		Energy Developers using a competitive bidding process only.
(4) In developing the provisions of Long-term
		Contracts, Distribution Companies shall consider multiple contracting methods
		including Long-term Contracts for renewable energy certificates (RECs), for
		energy, or for a combination of RECs and energy.
(5) A Distribution Company may decline to
		consider Long-term Contract proposals having terms and conditions that it
		determines would place an unreasonable burden on the Distribution Company's
		balance sheet, and may structure its Long-term Contracts, pricing or
		administration of the products purchased to mitigate impacts on the balance
		sheet or income statement of the Distribution Company or its parent company,
		subject to the approval of the Department; provided, that such mitigation shall
		not increase costs to ratepayers.
(6) Prior to initiating a solicitation, a
		Distribution Company's timetable and methods for solicitation and contracting
		shall be subject to review and approval by the Department. Distribution
		Companies may use timetables and methods for the solicitation of competitively
		bid Long-term Contracts approved by the Department pursuant to
		220 CMR 17.00:
Long-term Contracts for Renewable Energy
prior to January 1,
		2013, upon notification to the Department prior to initiating a
		solicitation.
(7) In any filing
		with the Department regarding the timetable and methods for soliciting and
		contracting consented to by DOER and the Attorney General, Distribution
		Companies shall describe the proposed methods reviewed and selected.
(8) In any filing with the Department
		regarding the timetable and methods for soliciting and contracting where there
		are areas of disagreement between Distribution Companies, DOER and/or the
		Attorney General, Distribution Companies shall:
(a) Identify the areas of
		disagreement;
(b) Document the
		agenda, content, and outcome of all consultations with DOER and the Attorney
		General;
(c) Attach to their filing
		comments by DOER and/or the Attorney General on the solicitation and
		contracting methods reviewed and selected; and
(d) Respond to each question or concern
		raised by DOER and/or the Attorney General in their comments with respect to
		the solicitation and contracting processes reviewed and selected.