38.5.2028 INDEPENDANT EVALUATOR — UTILITY OBLIGATIONS

1. (1) The utility/third-party administrator shall provide the independent evaluator complete access to all documents, information, data, models, and resources utilized by the utility in conducting analyses of proposals submitted in response to the competitive solicitation, subject to necessary protective orders and non-disclosure agreement, to perform a thorough examination of the bidding process and responsive bids.
2. (2) The utility/third-party administrator shall post all bidder questions and utility/third-party administrator responses on a competitive solicitation website.
3. (3) The utility/third-party administrator shall provide timely and accurate responses to any request from the independent evaluator for information regarding any aspect of the competitive solicitation or the competitive solicitation process.
4. (4) The utility is responsible for contracting with and engaging the services of the independent evaluator and is responsible for all fees and expenses associated with engaging the independent evaluator’s services. The utility may request recovery of fees and expenses associated with engaging an independent evaluator in customer rates.
5. (5) The utility’s contract with the independent evaluator must require that the independent evaluator fulfill its duties pursuant to the scope of work and duties prescribed by 69-3-1210, MCA, and applicable Commission rules.
6. (6) The utility shall maintain a complete record of its analyses and evaluations, including spreadsheets and models materially relied upon by the utility, all materials submitted to the commission and all materials submitted in response to discovery requests. The utility shall retain such documentation for a period of at least five years.

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.