Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8228 - MINIMUM FILING REQUIREMENTS FOR UTILITY APPLICATIONS FOR APPROVAL OF ELECTRICITY SUPPLY RESOURCES

Current through Register Vol. 13, July 5, 2024
(1) If a utility
				intends to file an application for approval of a electricity supply resource
				that is not yet procured, it must notify the commission and the Montana
				Consumer Counsel far enough in advance of filing to accommodate adequate
				pre-filing communication. If the resource will result from a competitive
				solicitation, notice must be provided before the utility issues a request for
				proposals.
(2) An application by a
				utility for approval of a electricity supply resource must include, as
				applicable:
(a) a complete and thorough
				explanation and justification of all changes to the utility's most recent
				long-term resource plan and three year action plan, including how the utility
				has responded to all commission written comments;
(b) a statement explaining whether the
				application pertains to a power purchase agreement with an existing generating
				resource, a lease or acquisition of an equity interest in a new or existing
				generating resource, or a power purchase agreement for which approval will
				result in construction of a new generating resource;
(c) testimony and supporting work papers
				describing the resource and stating the facts (not conclusory statements) that
				show that acquiring the resource is in the public interest and is consistent
				with the requirements in
				69-3-201
				and
				69-8-419,
				MCA, the utility's most recent long-term resource plan (as modified by (2)(a)),
				and these rules;
(d) testimony and
				supporting work papers demonstrating the utility's estimates of the cost of the
				resource compared to the cost of each alternative resource the utility
				considered and all relevant functional differences between each
				alternative;
(e) testimony and
				supporting work papers demonstrating the implementation of cost-effective
				carbon offsets for a electricity supply resource fueled primarily by natural or
				synthetic gas constructed after January 1, 2007;
(f) testimony and supporting work papers
				demonstrating the capture and sequestration of 50% of the carbon dioxide
				produced by a electricity supply resource fueled primarily by coal constructed
				after January 1, 2007;
(g) a copy
				of the proposed power purchase agreement, including all appendices and
				attachments;
(h) a copy of any
				request for proposals issued in connection with acquisition of the electricity
				supply resource;
(i) testimony and
				supporting work papers comparing all bids received in connection with any
				request for proposals with respect to price and nonprice factors;
(j) testimony and work papers describing all
				due diligence and bid evaluation in connection with any request for proposals,
				including the ranking of bids and reliance on management judgment;
(k) thorough explanation and justification
				for any terms, other than price, quantity, and contract duration, in a power
				purchase agreement for which the utility is requesting approval;
(l) a complete description of each aspect of
				the resource for which the utility requests approval; and
(m) testimony and supporting documentation
				describing all pre-filing communication.