Regulatory Requirements For the Independent Evaluator Sample Clauses

Regulatory Requirements For the Independent Evaluator. The requirements for participation by an Independent Evaluator in RPS solicitations are outlined in decisions D.00-00-000 (Findings of Fact 94-95, Ordering Paragraph 28) and D.00-00-000 (Finding of Fact 20, Conclusion of Law 3, Ordering Paragraph 8) of the California Public Utilities Commission (Commission or CPUC). In Decision 04-12-048 (December 16, 2004), the CPUC required the use of an IE by investor-owned utilities (IOUs) in resource solicitations where there are affiliate, IOU- built or turnkey bidders. The CPUC generally endorsed the guidelines issued by the Federal Energy Regulatory Commission (FERC) for independent evaluation where an affiliate of the purchaser is a bidder in a competitive solicitation, but stated that the role of the IE would not be to make binding decisions on behalf of the utilities or administer the entire process.8 In Decision 06-05-039 (May 25, 2006), the Commission required each IOU to employ an Independent Evaluator regarding all RFOs issued pursuant to the RPS, regardless of whether there are any utility-owned or affiliate-owned projects under consideration. In addition, the Commission directed the IE for each RFO to provide separate reports (a preliminary report with the shortlist and final reports with IOU advice letters to approve contracts) on the entire bid, solicitation, evaluation and selection process, with the reports submitted to the utility, PRG and Commission and made available to the public (subject to confidential treatment of protected information).

Regulatory Requirements For the Independent Evaluator. The requirements for participation by an Independent Evaluator (IE) in utility solicitations are outlined in decisions D.00-00-000 (Findings of Fact 94-95, Ordering Paragraph 28), D.00-00-000 (Finding of Fact 20, Conclusion of Law 3, Ordering Paragraph 8) of the California Public Utilities Commission (Commission or CPUC) and D.00-00-000. The role of IE’s in California IOU procurement processes has evolved over the past ten years. In Decision 04-12-048 (December 16, 2004), the CPUC required the use of an IE by investor-owned utilities (IOUs) in resource solicitations where there are affiliate, IOU- built or turnkey bidders. The CPUC generally endorsed the guidelines issued by the Federal Energy Regulatory Commission (FERC) for independent evaluation where an affiliate of the purchaser is a bidder in a competitive solicitation, but stated that the role of the IE would not be to make binding decisions on behalf of the utilities or administer the entire process.26 Instead, the IE would be consulted by the IOU, along with the Procurement Review Group (“PRG”) on the design, administration, and evaluation aspects of the Request for Proposals (“RFP”). The Decision identifies the technical expertise and experience of the IE with regard to industry contracts, quantitative evaluation methodologies, power market derivatives, and other aspects of power project development. From a process standpoint, the IOU could contract directly with the IE, in consultation with its PRG, but the IE would coordinate with the Energy Division. In the Advice Letter filed by the three investor-owned utilities (“IOUs”) on April 20, 2015, the IOUs indicated they planned to engage an Independent Evaluator (“IE”) to evaluate and report on the solicitation, evaluation, and selection for the DRAM Solicitation. A single evaluator will be used if one is on all IOU approved IE lists, if available, and using an IE is approved by the Commission through a Resolution to this Advice letter. The IE can be present at meetings and conference calls between the IOUs and bidders and will have full access to the solicitation management system used in DRAM. The IE will review all answers to questions to and may periodically make presentations to the IOUs, the CPUC and stakeholder groups to ensure that the DRAM solicitation remains open, fair, and transparent. The IE will also check for consistency in each IOUs application of its protocols and evaluation processes across bidders in its auction. The IE will revi...

Regulatory Requirements For the Independent Evaluator. “IE”) The requirements for participation by an IE in RPS solicitations are outlined in Decision (“D”).00-00-000 (Findings of Fact 94-95, Ordering Paragraph 28), D.00-00-000 (Finding of Fact 20, Conclusion of Law 3, Ordering Paragraph 8) of the California Public Utility Commission (“CPUC”) and D.00-00-000. In D.04-12-048 (December 16, 2004), the CPUC required the use of an IE by investor- owned utilities (IOUs) in resource solicitations where there is an affiliated bidder or bidders, or where the utility proposed to build a project or where a bidder proposed to sell a project or build a project under a turnkey contract that would ultimately be owned by a utility. The CPUC generally endorsed the guidelines issued by the Federal Energy Regulatory Commission (“FERC”) for independent evaluation where an affiliate of the purchaser is a bidder in a competitive solicitation, but stated that the role of the IE would not be to make binding decisions on behalf of the utilities or administer the entire process.3 Instead, the IE would be consulted by the IOU, along with the Procurement Review Group (“PRG”) on the design, administration, and evaluation aspects of the Request for Proposals (“RFP”). The Decision identifies the technical expertise and experience of the IE with regard to industry contracts, quantitative evaluation methodologies, power market derivatives, and other aspects of power project development. From a process standpoint, the IOU could contract directly with the IE, in consultation with its PRG, but the IE would coordinate with the Energy Division.