Section 480-107-075. Contract finalization.  


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  • (1) Unless otherwise prohibited by law, a utility has discretion to decide whether to enter into a final contract with any project bidder that meets the selection criteria of the RFP. Any such bidder may petition the commission to review a utility's decision not to enter into a final contract.
    (2) Any project bidder and utility may negotiate changes to the selected project proposal for the purpose of finalizing a particular contract consistent with the provisions of this chapter.
    (3) The utility may sign contracts for any appropriate time period specified in a selected project proposal for up to a twenty-year term. The utility may sign longer-term contracts if such provisions are specified in the utility's RFP.
    (4) If material changes are made to the project proposal after project ranking, including material price changes, the utility must suspend contract finalization with that party and rerank projects according to the revised project proposal. If the material changes cause the revised project proposal to rank lower than projects not originally selected, the utility must instead pursue contract finalization with the next ranked project.
    (5) A project developer must provide evidence that the developer has obtained or will obtain a generation site (e.g., letter of intent) before signing a contract with the purchasing utility.
    [Statutory Authority: RCW 80.01.040 and 80.04.160. WSR 06-08-025 (Docket No. UE-030423, General Order No. R-530), § 480-107-075, filed 3/28/06, effective 4/28/06.]
RCW 80.01.040 and 80.04.160. WSR 06-08-025 (Docket No. UE-030423, General Order No. R-530), § 480-107-075, filed 3/28/06, effective 4/28/06.