§ 39-31-4. Regional energy planning.
(a) Consistent with the purposes of this chapter, and utilizing regional stakeholder processes
where appropriate, the office of energy resources, in consultation and coordination
with the division of public utilities and carriers and the public utility company
that provides electric distribution as defined in § 39-1-2(a)(12) as well as natural gas as defined in § 39-1-2(a)(17), is authorized to:
(1) Participate in the development and issuance of state, regional, or multistate competitive
solicitation(s) for the development and construction of regional electric-transmission
projects that would allow for the reliable transmission of nuclear power and/or large-
or small-scale domestic or international hydroelectric power to New England load centers
that will benefit the state of Rhode Island and its ratepayers, and such solicitations
may be issued by the New England States Committee on Electricity or the electric or
natural gas distribution company to further the purposes of this chapter;
(2) Participate in the development and issuance of state, regional, or multistate competitive
solicitation(s) for the development and construction of regional electric-transmission
projects that would allow for the reliable transmission of eligible renewable energy
resources, including offshore wind, as defined by § 39-26-5(a), to New England load centers that will benefit the state of Rhode Island and its
ratepayers, and the solicitations may be issued by the New England States Committee
on Electricity or the electric or natural gas distribution company to further the
purposes of this chapter; and
(3) Participate in the development and issuance of regional or multistate competitive
solicitation(s) for the development and construction of regional natural-gas-pipeline
infrastructure and capacity that will benefit the state of Rhode Island and its ratepayers
by strengthening energy system reliability and security and, in doing so, potentially
mitigate energy price volatility that threatens the economic vitality and competitiveness
of Rhode Island residents and businesses. The solicitations may be issued by the New
England States Committee on Electricity or the electric or natural gas distribution
company to further the purposes of this chapter; and the solicitations may request
proposals that are priced in increments to allow for the evaluation of project costs
and benefits associated with adding various levels of additional, natural gas pipeline
capacity into New England and assist with the optimization of energy system reliability,
economic, and other benefits consistent with the purposes of this chapter.
(4) As part of any such state, regional, or multistate competitive solicitation processes
conducted pursuant to this chapter, the office of energy resources shall work jointly
with the division of public utilities and carriers, and with the electric distribution
company as appropriate, to identify incremental, natural-gas-pipeline infrastructure
and capacity and/or electric-transmission projects that optimize energy reliability,
economic, environmental, and ratepayer impacts for Rhode Island, consistent with the
legislative findings and purpose of this chapter. The office of energy resources and
division of public utilities and carriers shall be authorized to utilize expert consultants,
as needed, to assist in any state, regional, multistate, or state-level determination
related to the procurement activities identified in § 39-31-5.
(b) Prior to any binding commitments being made by any agencies of the state, the electric
distribution company, or any other entity that would result in costs being incurred
directly, or indirectly, by Rhode Island electric and/or gas consumers through distribution
or commodity rates, the office of energy resources and division of public utilities
and carriers shall jointly file any energy infrastructure project recommendation(s)
with the public utilities commission and may make such filing jointly with the electric
or natural gas distribution company as appropriate. The public utilities commission
shall consider any such recommendation(s) as specified under § 39-31-7.
(c) A copy of the filing made under subsection (b) of this section shall be provided to
the governor, the president of the senate, the speaker of the house, the department
of environmental management, and the commerce corporation.
(d) The electric distribution company shall be provided with a copy of any filing made
under this section at least ten (10) business days in advance of its filing with the
public utilities commission and the electric or gas distribution utility may file
separate comments when the filing is made.
(e) As part of any office of energy resources and division of public utilities and carriers
filing made pursuant to this chapter, the agencies shall identify the expected energy
reliability, energy security, and ratepayer impacts that are expected to result from
commitments being made in connection with the proposed project(s).
(f) The office of energy resources and division of public utilities and carriers reserve
the right to determine that energy infrastructure projects submitted in any state,
regional, or multistate competitive solicitation process are not in Rhode Island's
energy reliability, energy security, and/or ratepayer interests, and shall make such
findings available to the governor, the president of the senate, and the speaker of
the house. The electric or gas distribution utility may attach a separate opinion
to those findings, at its election.