OAR 860-089-0200: Engaging an Independent Evaluator

(1) Prior to issuing an RFP, an electric company must engage the services of an IE to oversee the competitive bidding process. The IE must be independent of the utility and bidders, and also be experienced and competent to perform all IE functions identified in these Division 089 rules. (2) When an electric company's engagement of a specific IE has not been previously authorized under section (5) below, the electric company must notify all parties to the electric company’s most recent general rate case, RFP, and IRP dockets of its need for an IE, and solicit input from these parties and interested persons regarding potential IE candidates. The electric company must then file a request for Commission approval to engage an IE, along with a proposed scope of work. The Commission Staff will review the request and recommend an IE to the Commission based in part on the consideration of: (a) Input received from the electric company and from interested parties that are not potential bidders; (b) Review of the degree to which the IE is independent of the electric company and potential bidders; (c) The degree to which the cost of the services to be provided is reasonable; (d) The experience and competence of the IE; and (e) The public interest. (3) The electric company is responsible for engaging the services of the IE and is responsible for all fees and expenses associated with engaging the IE’s services. The electric company may request recovery of fees and expenses associated with engaging an IE in customer rates. (4) Commission Staff may recommend changes to the proposed scope of work submitted under section (2) of this rule. The electric company’s contract with the IE must require that the IE fulfills its duties under these rules, include any changes to the scope of work as directed by the Commission, and require that the IE report directly to the Commission as well as to the electric company during the RFP process and confers as necessary with the Commission and Commission Staff on the IE’s duties. (5) When the IE has completed its services regarding the RFP, the Commission may request feedback from interested parties regarding the IE’s performance. The Commission may authorize an electric company to engage the same IE for the electric company’s next resource acquisition that is subject to the rules in this Division, and identify the minimum scope of work for which the electric company must engage the same IE.