§ 37-2-136 — Energy resource procurement

(a) An affected electrical utility shall comply with this
section to acquire or construct a significant energy resource
after July 1, 2024, provided that this section shall not apply
to a significant energy resource for which the affected
electrical utility has issued a solicitation before July 1,
2024.
(b) Except as provided in subsection (c) of this section,
to acquire or construct a significant energy resource, an
affected electrical utility shall conduct a solicitation process
that is approved by the commission. To obtain the approval of
the commission of a solicitation process, the affected
electrical utility shall file with the commission a request for
approval that includes a description of the solicitation process
that the affected electrical utility will use, a complete
proposed solicitation and any other information that the
commission requires by rule.
(c) An affected electrical utility may obtain a waiver of
the requirements of subsection (b) of this section if the
commission determines that waiving the requirement is in the
public interest because of a clear emergency, a time limited
commercial or technical opportunity that provides value to the
customers of the affected electrical utility or any other factor
determined by the commission that makes waiving the requirement
in the public interest. The commission shall adopt rules
regarding the waiver process.
(d) The commission shall adopt rules outlining the
requirements for the solicitation approval process under this
section. Rules adopted under this subsection may account for
circumstances where an affected electrical utility is subject to
regulation in more than one (1) state regarding the acquisition,
construction or cost recovery of a significant energy resource,
in which event the rules may allow the commission to consider
the impact of the multistate regulation on 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.
(e) The commission may appoint an independent evaluator to
monitor any solicitation submitted for approval under this
section. The independent evaluator shall not make the
determination as to which bid shall be awarded under the
solicitation. The independent evaluator shall actively monitor
the solicitation approval process for fairness and compliance
with this section and rules of the commission. The independent
evaluator shall report to the commission and others as directed
by the commission and shall develop one (1) or more reports
addressing the solicitation approval process, any concerns
related to the solicitation and the ultimate results of the
solicitation approval process including the opinions and
conclusions of the independent evaluator. The report shall
include an opinion as to whether the solicitation approval
process is fair, done in compliance with this section and
whether any modeling used by the affected electrical utility
regarding the solicitation is sufficient. The independent
evaluator shall perform other functions and provide other input
and reports as directed by the commission. The commission shall
adopt rules regarding independent evaluators under this
subsection.
(f) As used in this section:
(i) "Affected electrical utility" means a public
utility other than a cooperative electric utility as defined in
W.S. 37-17-101(a)(i);
(ii) "Significant energy resource":
(A) Means a resource that consists of:
(I) A total of one hundred (100) megawatts
or more of new generating capacity that has a dependable life of
ten (10) or more years;
(II) The purchase of electricity, electric
generating capacity or both if the contract is for a term of ten
(10) or more years and a total of not less than one hundred
(100) megawatts;
(III) The purchase or lease by an affected
electrical utility from an affiliated company of a generating
facility, electricity, electrical generating capacity or both
electricity and electrical generating capacity;
(IV) A contract with an option for the
affected electrical utility or an affiliate to purchase a
resource that consists of not less than one hundred (100)
megawatts of new generating capacity that has a remaining
dependable life of ten (10) or more years; or
(V) A type of resource designated by rule
of the commission as a significant energy resource after
considering the affected electrical utility's integrated
resource plan and action plan.
(B) Shall not include a resource procured for
one (1) or more customers pursuant to an approved tariff, at the
customer's request and agreed upon with the affected electrical
utility, provided that the agreement does not negatively impact
the affected electrical utility's other customers.
(iii) "Solicitation" means a request for proposals or
other invitation for persons to submit a bid or proposal through
an open bid process for construction or acquisition of a
significant energy resource.