SECTION 165:35-38-5. Self-build or Purchase Options

(a)   An electric utility may elect to file an application pursuant to 17 O.S. Section 286(C), as amended, and this subchapter seeking approval by the Commission to construct a new electric generating facility, to purchase an existing electric generation facility or to enter into a long-term contract for purchased power and/or energy.

(b)   Upon application by an electric utility pursuant to this Subchapter, the Commission shall review the requested cost recovery.

(c)   If the soliciting utility wishes to consider an option for full or partial ownership of a self-build option, the utility must submit its construction proposal ("Self-build Proposal") to provide all or part of the capacity requested in the RFP stated in 165:35-34 at the same time the bids are requested.

(d)   Once submitted, the Self-build Proposal may not be modified by the soliciting utility. If a Self-build Proposal is selected and approved by the Commission, the amount the soliciting utility shall recover through the rate base or other cost-recovery methods without additional Commission approval is limited to the total project cost identified in the Self-build Proposal.

(e)   A Cause shall be opened by the utility for cost recovery if the competitive bidding RFP process established in 165:35-34 is not utilized and the utility wishes to gain approval of cost before construction starts.

(f)   Bid responses will be opened with the Independent Evaluator, Commission and the Attorney General present.

(g)   Bid award terms and conditions shall be posted on the utility's web site or electronic bulletin board within sixty (60) calendar days after receipt, with a notice to the Commission.

(h)   The Commission decision approving or denying the plan shall address the contents of the utility's resource plan, including its fuel procurement plan, purchased-power procurement plan, and risk management plan. If the record contains sufficient evidence, the Commission shall specifically approve or reject:

(1)   The utility's proposed plans for resources in the planning period,

(2)   The utility's proposed plans for acquiring additional resources through the competitive acquisition process, and

(3)   The utility's proposed RFP(s).

(i)   Upon the filing of an application pursuant to this Subchapter, the Commission will establish a procedural schedule, which shall provide for a Commission order within two hundred forty (240) calendar days of the date of such filing.

[Source: Added at 23 Ok Reg 699, eff 2-17-06 (emergency); Added at 23 Ok Reg 1666, eff 7-1-06; Amended at 27 Ok Reg 2098, eff 7-11-10; Amended at 36 Ok Reg 620, eff 7-25-19]