BILL NUMBER:S3542

TITLE OF BILL:  An act to amend the public service law, in relation to
the public availability of written solicitations, competitive
procurements and requests for proposals

PURPOSE:  This legislation would ensure that the public and all
interested parties are made aware of written solicitations,
competitive procurements and requests for proposals, when they become
available.

SUMMARY OF PROVISIONS:

Section one of the bill would require the Chief Executive Officer of
the New York State Department of Public Service (DPS) to post all
written solicitations, competitive procurements and requests for
proposals for the procurement, by any transmission or distribution
utility in the state, of electric energy, capacity, ancillary
services, transmission service, or of facilities that produce or
provide those services at a publically available central location on
the DPS website and to ensure that such document or documents are
filed in the proceeding to which they pertain and made available to
all parties in the proceeding.

Notice of the public availability of each such solicitation,
competitive procurement and request for proposals also must be
              

published in the New York State Register. Such notice would include,
but not be limited to,: the date of availability on the DPS website
and the address of the website; a summary of the review process for
responses and proposals submitted pursuant to such competitive
procurement opportunities; and the name of and contact information for
the person from whom information is available.

JUSTIFICATION:  Currently, no central repository for the availability
of competitive solicitations exists. This legislation would ensure
greater transparency in the issuance of competitive solicitations.
Increased knowledge about the availability of these procurement
opportunities would help ensure more market animation through an
enhanced competitive selection process and a better outcome for energy
consumers.

Inadequacies in the announcement of competitive procurements recently
became apparent in relation to a proceeding at the New York State
Public Service Commission (PSC). A utility issued a Request for
Proposals (RFP) and stated that the RFP was sent to over 95 potential
bidders; yet some parties to the PSC's case indicated that they did
not receive the RFP. Accordingly, this legislation would make certain
that all parties to the related PSC proceeding are made aware of the
availability of competitive procurements, and the public similarly
would be informed through the posting of competitive procurement
opportunities on the PSC's website and publication of notices in the
New York State Register.

Other entities already make opportunities for competitive
solicitations available through the mechanisms envisioned under this
legislation. Notably, according to the website of the New York State
Energy Research and Development Authority (NYSERDA), NYSERDA posts


notices of competitive procurement opportunities on its website and
provides these notices through the New York State Register.
Consistent with the existing practice of NYSERDA, having notices of
solicitations posted on the website of the PSC is reasonable and of
public benefit.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediate.