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treated as standard-offer service contracts pursuant to | section 3212. |
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| The commission may direct large investor-owned transmission and | distribution utilities to enter into contracts under this | subsection only as agents for their customers and only in | accordance with this section.__To the greatest extent possible, | the commission shall develop procedures having the same legal and | financial effect as the procedures used for standard-offer | service pursuant to section 3212 for large investor-owned | transmission and distribution utilities. |
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| The commission may enter into contracts for interruptible, demand | response or energy efficiency capacity resources. |
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| Capacity resources contracted under this subsection may not | exceed the amount necessary to ensure the reliability of the | electric grid of this State or to lower customer costs as | determined by the commission pursuant to rules adopted under | subsection 10. |
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| Unless the commission determines the public interest requires | otherwise, a capacity resource may not be contracted under this | subsection unless the commission determines that the capacity | resource is recognized as a capacity resource for purposes of any | regional or federal capacity requirements. |
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| | 4.__Priority of capacity resources.__In selecting capacity | resources for contracting pursuant to subsection 3, the | commission shall apply the following standards. |
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| A.__The commission shall select capacity resources that are | competitive and the lowest price when compared to other | available offers for capacity resources of the same or | similar contract duration.__The commission shall consider | the cost of the capacity and the cost of related energy. The | commission shall, by rules adopted pursuant to subsection | 10, establish a methodology for calculating and considering | the cost of related energy for capacity-only offers. |
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| B. Among capacity resources meeting the standard in | paragraph A, the commission shall choose among capacity | resources in the following order of priority: |
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| (1) New interruptible, demand response or energy | efficiency capacity resources located in this State; |
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| (2)__New renewable capacity resources located in this | State; |
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