R746-430-4. Requests for Waiver of a Solicitation Process for a Significant Energy Resource or Waiver of Approval of a Significant Energy Resource

(1) Filing requirements -- An Affected Electrical Utility filing for a waiver pursuant to Section 54-17-501 shall file a request for waiver which shall fulfill the requirements of Section 54-7-501 and which shall include testimony and exhibits which provide:

(a) An explanation of and the factual basis for the emergency, opportunity or other factors that support the requested waiver;

(b) If the requested waiver is based upon an emergency, evidence establishing the nature and cause of the emergency and an explanation of why the proposed waiver is in the public interest;

(c) If the requested waiver is based upon a time-limited commercial or technical opportunity, evidence establishing the nature of the opportunity and an explanation of why the proposed waiver is in the public interest;

(d) If the requested waiver is based upon other factors, evidence establishing the nature of those factors and an explanation of why the proposed waiver is in the public interest;

(e) Evidence explaining and demonstrating when the utility first became aware of the claimed emergency, opportunity or other factors and how and when it pursued or responded to the same;

(f) If the requested waiver is for a waiver of a solicitation process, evidence

(i) that the particular resource to be procured is consistent with the utility's current Integrated Resource Plan,

(ii) that the particular resource to be procured is consistent with any pending solicitation process(es) and what affect procurement of the particular resource will have on any pending solicitation process(es),

(iii) regarding how the particular resource to be procured compares in value to similar resources,

(iv) on how the particular resource will be connected to and will be integrated with the utility's system,

(v) of the costs which the utility anticipates it will recover from ratepayers, which shall include, but is not limited to, analysis of the affects upon the utility's power costs and revenue requirements, and

(vi) of any affect the proposed resource will have on future resource acquisitions;

(g) All information, data, models and analyses used by the utility to evaluate the proposed resource and associated waiver request; and

(h) Evidence showing that a requested waiver is in the public interest.

(2) The time periods for an act or proceeding process contained in Section 54-17-501 shall supercede any differing time periods for an act or proceeding process contained in any other Commission rule.

(3) A Commission order granting a waiver of a Solicitation Process or an Approval of an Energy Resource Decision shall not constitute and does not determine approval or disapproval of a significant energy resource decision including cost recovery.

(4) Pursuant to Section 54-17-501(7), the Commission may condition the granting of a waiver on such conditions as the Commission may determine to be just, reasonable and in the public interest.