1. (1) At least every three years, the Commission shall open a docket for the purpose of developing a list of qualified independent evaluators. The notice initiating the docket will provide an opportunity for interested entities to submit a request for inclusion on the list of approved independent evaluators.

2. (2) An entity’s request to be included on the list of independent evaluators shall:

   1. (a) demonstrate qualifications, expertise, and experience to perform all the functions of the independent evaluator contemplated by 69-3-1207, MCA, and these rules;
   2. (b) demonstrate independence from utilities, third-party administrators used by utilities, if applicable, and potential bidders in utility solicitations;
   3. (c) demonstrate qualifications and experience facilitating relevant communications with utilities, bidders, and public utility commissions;
   4. (d) include the independent evaluator’s proposed fee structure;

   5. (e) include a statement of interest that discloses:

      1. (i) any contracts or other economic arrangements of any kind between the entity or its affiliates and any: utility(ies), utility affiliates, third-party solicitation administrators, or likely bidders that currently exist, that have existed within the past ten years, or that have been promised or are expected in the future; and
      2. (ii) any memberships in trade organizations; and
   6. (f) include a full copy of any type of agreement between the entity or its affiliates and any: utility(ies), utility affiliate, third-party solicitation administrators, or likely bidders that currently exist, that have existed within the past ten years, or that have been promised or are expected in the future. Orders protecting confidential information may be obtained pursuant to the Commission’s procedures in ARM Title 38, chapter 2, subchapter 50.
3. (3) The Commission will publish the list of independent evaluators requesting to be included on the Commission’s list and provide public and other interested parties an opportunity to comment on the inclusion or exclusion of entities from the Commission’s list of independent evaluators.

4. (4) The Commission will review the requests for inclusion and publish a list of approved independent evaluators in the docket based, in part, on consideration of:

   1. (a) input received from utilities and interested, non-bidding parties;
   2. (b) the independent evaluator’s independence from utilities and potential bidders;
   3. (c) whether the independent evaluator’s fee structure is reasonable;
   4. (d) the independent evaluator’s experience and expertise; and
   5. (e) the public interest.

5. (5) When updating the list, the Commission may disqualify or remove an independent evaluator from the list for any of the following reasons:

   1. (a) discovery of a conflict of interest or failure to disclose such a conflict;
   2. (b) noncompliance with commission rules;
   3. (c) performance deficiencies or failure to fulfill contractual duties in a timely or impartial manner; or
   4. (d) the independent evaluator no longer provides such services.
6. (6) Independent evaluators on the approved list must inform the Commission if any of the information provided to the Commission changes.
7. (7) When selecting an independent evaluator from the approved list, the Commission will consider the independent evaluator’s availability, proposed fees, and qualifications and issue a notice of the selection within 30 days after a utility files with the Commission that it intends to issue a competitive solicitation.

8. (8) The utility’s contract with the independent evaluator must require that:

   1. (a) the independent evaluator fulfills its duties pursuant to the scope of work and duties prescribed by 69-3-1210(1) and (2), MCA, and applicable Commission rules; and
   2. (b) the independent evaluator confers as necessary with the Commission and Commission staff on the independent evaluator’s duties.
9. (9) While performing services related to the competitive solicitation, the independent evaluator shall not accept employment from, nor communicate with, bidders or the utility regarding future employment or contract opportunities.
10. (10) At the time of selection, the selected independent evaluator shall verify its submitted information remains in compliance with this rule.
11. (11) Failure to comply with the requirements of this rule shall result in the disqualification of the selected independent evaluator and the Commission shall select a new independent evaluator from the list.

Authorizing statute(s): 69-3-1207, MCA

Implementing statute(s): 69-3-1207, 69-3-1210, MCA

History: NEW, 2026 MAR, Notice No. 2026-298, Eff. 6/20/26.