OAR 330-118-0030: Right of First Refusal

(1) To exercise their right to first negotiate and right of first refusal the electric and gas utilities which serve the project’s domicile must submit a proposal in response to an agency’s procurement solicitation. (2) A state agency shall provide the electric and gas utilities which serve the project’s domicile, and any other potential suppliers, timely access to the project site for the audit and planning purposes. (3) An electric or gas utility which serves the project’s domicile that wants to negotiate for or to match any sales of a project’s electrical or steam output which may be sold must state such interest in their proposal in response to the agency’s procurement solicitation. (4) A state agency is not obligated by these rules to commit to utility proposals to buy electricity, develop, finance, operate or otherwise act together in energy conservation or cogeneration and renewable resource projects which generate electricity or sell energy or power to electric utilities or the Bonneville Power Administration. These rules do not alter the agency’s or utility’s rights and obligations under ORS 758.505–758.555 and 18 CFR 292. et seq.