Section 137.03. Program administrator selection.

 

(1)   Role of the program administrator. The program administrator shall oversee a portfolio of energy efficiency and renewable resource statewide programs, in which other market providers and contractors implement measures with end-use customers.

(2)   Selection criteria. Prior to the solicitation of a program administrator under s. 196.374 (2) (a) 1. , Stats., the energy utilities shall submit their proposed criteria for evaluating proposals and selecting a program administrator to the commission. These criteria shall evaluate the following:

(a) The qualifications and financial soundness of a proposed program administrator and any proposed administrative subcontractor.

(b) The previous performance of a proposed program administrator and any proposed administrative subcontractor.

(c) The technical feasibility and quality of the proposed work plan, including the feasibility of proposed goals, performance measures, and environmental and economic benefits identified as objectives in the proposal.

(d) Compliance with each of the policies and goals the commission identifies for the statewide energy efficiency program.

(e) Other factors the commission considers relevant.

(3)   Approved, modified, or rejected selection criteria. The energy utilities' proposed selection criteria are subject to the commission's prior approval. The commission may modify or reject the proposed selection criteria within 20 working days after it receives them. If the commission does so, it shall explain its reasons in writing. The energy utilities may propose a new criterion to replace any modified or rejected criterion. If the commission does not modify or reject any of the proposed selection criteria within 20 working days after receiving them, they are deemed approved.

(4)   Notice to commission when program administrator is selected. The energy utilities shall notify the commission in writing of their selection of a program administrator. The energy utilities may negotiate a combination of proposals from various administrators, if they determine that such a combination would better meet the objectives of the statewide program.

(5)   Commission approval of program administrator. The commission shall, in writing and within 40 working days after it receives the energy utilities' notice under sub. (4) , approve or reject for cause a program administrator whom the energy utilities selected.

(6)   Right to protest. If the energy utilities dispute the commission's rejection of a selected program administrator under sub. (5) , they may protest to the commission. The energy utilities shall serve such a protest in writing on the division administrator within 20 working days after they receive notice of the commission's rejection. The division administrator may settle and resolve any protest brought under this subsection. If the protest cannot be resolved by mutual agreement, the division administrator shall issue a written decision to the energy utilities.

(7)   Appeal. The energy utilities may, within 20 working days after the division administrator issues a decision under sub. (6) , appeal the decision to the commission by alleging facts that show a violation of a particular statute or provision of this chapter.

(8)   Contract status. The energy utilities may not sign a contract with a proposed program administrator during the 40 working days when the commission can review the energy utilities' proposed selection under sub. (5) or while a protest or appeal is pending under sub. (6) or (7) . The commission may void any contract for the selection of a program administrator that is signed during these periods.

History: CR 06-139 : cr. Register July 2007 No. 619 , eff. 8-1-07.