(A) The Public Service Authority shall file for commission approval of a program for the competitive procurement of energy, capacity, and environmental attributes from renewable energy facilities to meet needs for new generation resources identified by the Authority in its Integrated Resource Plans or other planning processes. The commission may not grant approval unless the commission finds and determines that the Public Service Authority satisfied all requirements of this section and the proposed program is in the best interests of the customers of the Public Service Authority. The commission may adopt procedures to implement the requirements of this section and shall retain continuing oversight and approval authority over all aspects of an approved program to ensure any approved program complies with this section and is in the best interests of the customers of the Public Service Authority.
(B) The Public Service Authority shall procure renewable energy resources subject to the following requirements:
(1) Renewable energy resources procured by the Public Service Authority shall be procured via a competitive solicitation process open to all independent market participants that meet minimum eligibility requirements.
(2) The Public Service Authority shall issue public notification of its intention to issue a competitive renewable solicitation at least ninety days prior to the release of each solicitation, including the proposed procurement volume, process, and timeline.
(3) Renewable energy facilities eligible to participate in a competitive procurement are those that have a valid interconnection request on file and that use renewable energy resources identified in Section 58-39-120(F) and may include battery storage devices charged exclusively by renewable energy.
(C) The Public Service Authority shall make publicly available at least forty-five days prior to each competitive solicitation:
(1) A pro forma contract to inform market participants of the procurement terms and conditions. The pro forma contract will (i) include standardized and commercially reasonable requirements for contract performance security consistent with market standards; (ii) define limits and compensation for resource dispatch and curtailments that limit uncompensated curtailment to a specified portion of estimated annual output.
(2) A bid evaluation methodology that ensures all bids are treated equitably, including price and nonprice evaluation criteria. Nonprice criteria will at minimum include consideration of diversity in resource size and geographic location.
(3) Interconnection requirements and study methodology, including how bids without existing interconnection studies will be treated for purposes of evaluation.
(D) After bids are submitted and evaluated, winning bids will be selected based upon the published evaluation methodology.
(E) The Public Service Authority shall issue a public report summarizing the results of each competitive solicitation within sixty days of the award notifications. The report will include, at minimum, a summary of the submitted bids and an anonymized list of the project awards, including their size, location, average award price and tenor, and award price range.
HISTORY: 2021 Act No. 90 (H.3194), Section 22, eff January 1, 2022.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 31 - Public Service Authority
Section 58-31-10. Creation of South Carolina Public Service Authority; offices.
Section 58-31-20. Board of directors; advisory board.
Section 58-31-30. Powers of Authority.
Section 58-31-40. Remedies upon default of obligations; appointment of receiver.
Section 58-31-50. Right to and procedure for acquisition of property by Authority.
Section 58-31-55. Standards for director's discharge of duties; immunity.
Section 58-31-56. Conflict of interest transactions.
Section 58-31-57. Suits for breach of duty.
Section 58-31-60. Duties and powers of board of directors.
Section 58-31-70. Use of facilities and operation of business of Authority.
Section 58-31-90. Payments in lieu of taxes to certain counties and school districts.
Section 58-31-100. Payment of additional sums in lieu of taxes.
Section 58-31-110. Net earnings; disposition and use.
Section 58-31-120. Authority shall use labor and materials from this State.
Section 58-31-150. Amendments or repeal of chapter; effect.
Section 58-31-160. Authority may construct Santee-Cooper project.
Section 58-31-170. Designation of Lake Moultrie and Lake Marion.
Section 58-31-200. Joint ownership of nuclear electric generating station in Fairfield County.
Section 58-31-225. Office of Regulatory Staff; inspections, audits, and examinations.
Section 58-31-227. Renewable energy facilities and resources.
Section 58-31-230. Public Service Authority broadband authority.
Section 58-31-240. Joint Bond Review Committee; annual reporting of real property transactions.
Section 58-31-250. Legislative oversight.
Section 58-31-310. Definitions.
Section 58-31-320. Customers to whom Authority shall provide electric service.
Section 58-31-330. Service area of authority.
Section 58-31-340. Filing and correcting drawings; acquisition of facilities outside service area.
Section 58-31-350. Acquisition of facilities within service area.
Section 58-31-360. State covenant with holders of obligations of Authority.
Section 58-31-370. Jurisdiction of circuit court.
Section 58-31-380. Annual report of Authority as to rates.
Section 58-31-400. Submission of annual budget.
Section 58-31-440. Maintenance of existing lines; customer choice in certain circumstances.
Section 58-31-450. Erosion control.
Section 58-31-510. Definitions.
Section 58-31-520. Termination procedures; contents.
Section 58-31-530. Third-party notification program.
Section 58-31-540. Disconnection when public safety emergency exists.
Section 58-31-550. Private right of action; duty of care.
Section 58-31-710. Adoption and publication of pricing principles.
Section 58-31-720. Definition of "customer".
Section 58-31-730. Retail rate adjustment process; notice; interim rates; judicial review.