Utah Code § 54-1-7 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-7
§ 54-1-7. Secretary of commission -- Appointment -- Functions.
Status: in_force

The commission may appoint a secretary of the commission, who shall serve at the pleasure of the commission. It shall be the duty of the secretary to keep a full and true record of all the proceedings of the commission and of all determinations, rulings and orders made by the commission, or by any of the commissioners, and of the approval and confirmation by the commission of the determinations, rulings and orders made by individual commissioners or administrative law judges. The secretary shall be the custodian of the records of the commission, and shall file and preserve at its general office all books, profiles, tariffs, schedules, reports, maps and documents, and all papers whatsoever filed with it or entrusted to its care, and the secretary shall be responsible to the commission for the custody thereof. Under the direction of the commission the secretary shall superintend its clerical business, conduct its correspondence, give notice of all hearings, determinations, rulings and orders of the commission, prepare for service papers and notices required by the commission, and perform other duties the commission may prescribe. The secretary shall have power to administer oaths in all parts of the state in all proceedings by or before the commissioners and in all cases or matters pertaining to the duties of the office of secretary. In the absence of the secretary, the commission may designate another individual to perform the secretary's duties.
Utah Code § 54-7-29 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-29
§ 54-7-29. Actions to recover fines and penalties.
Status: in_force

Actions to recover penalties under this title shall be brought in the name of the state of Utah. In any such action all penalties incurred up to the time of commencing the same may be sued for and recovered. All fines and penalties recovered by the state in any such action, together with cost thereof, shall be paid into the state treasury to the credit of the General Fund. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order.
Utah Code § 54-26-503 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-503
§ 54-26-503. Transmission requirements.
Status: in_force

(1) If the provision of service to a large load customer requires transmission service: (a) the qualified electric utility or the large-scale generation provider shall submit a transmission service request to the transmission provider; (b) to the fullest extent allowable under applicable federal law and regulations, the large-scale generation provider or large load customer shall: (i) pay for: (A) any interconnection or transmission-related studies; (B) any identified interconnection upgrades, transmission upgrades, network upgrades, distribution system upgrades, or system upgrades; and (C) the transmission service rates in the transmission provider's open access transmission tariff; and (ii) pay and provide for: (A) ancillary services; (B) balancing services; and (C) backup services. (2) Nothing in this section shall be construed to: (a) conflict with or supersede any applicable federal law, regulation, or order regarding transmission cost allocation; or (b) require cost allocation methods inconsistent with Federal Energy Regulatory Commission requirements or orders. (3) The commission shall review transmission cost allocation consistent with federal requirements and may establish rules for implementation of this section.
Utah Code § 54-18-301 — Utah Code / Title 54 / Chapter 54-18 / § 54-18-301
§ 54-18-301. Notice of intent to file -- Content -- Prefiling procedures.
Status: in_force

(1) If a public utility conducts any field work in preparation of establishing a target study area before a notice of intent is filed in accordance with Subsection (2)(a), the public utility shall first notify the local land use authority of the public utility's work. (2) (a) At least 90 days before the day on which a public utility files a land use application in a city or county that requires a permit for the construction of a high voltage power line or an upgraded high voltage power line, the public utility shall submit a notice of intent to the land use authority of each affected entity. (b) The notice of intent described in Subsection (2)(a) shall include: (i) the name and mailing address of the public utility, including: (A) the name of a contact person; and (B) an address and telephone number for the contact person; (ii) the purpose and need for the high voltage power line; (iii) a map showing the target study area; (iv) a description of environmentally sensitive areas in the target study area; (v) the timing of construction; and (vi) a list of affected entities. (c) The land use authority of an affected entity may provide written comments to the public utility within 30 days after the day on which the notice of intent is mailed under Subsection (2)(a). (3) At least 60 days before filing a conditional use permit application with a local land use authority, the public utility shall send a notice to: (a) an affected entity; (b) the land use authority of an affected entity; and (c) an affected landowner. (4) The notice required under Subsection (3) shall include: (a) the name and mailing address of the public utility, including: (i) the name of a contact person; and (ii) an address and telephone number for the contact person; (b) a description of the proposed corridor, including: (i) location maps of: (A) the target study area; and (B) the public utility's proposed corridor within the target study area; (ii) the width of the proposed route needed for the high voltage power line; (iii) a description of the website described in Subsection (6); and (iv) an explanation of: (A) the land use application process; (B) how an affected landowner may participate in a land use authority's land use application process; and (C) the rights of an affected land owner under Title 78B, Chapter 6, Part 5, Eminent Domain. (5) (a) For purposes of Subsection (3), a county, at the public utility's request, shall provide a certified list of the most recent county tax records showing all affected landowners within 30 days after the day on which the public utility submits the request. (b) A public utility may not be required to restart the notification process if: (i) the county information provided under Subsection (5)(a) is insufficient or incorrect; and (ii) the public utility fails to send an affected landowner a notice of intent based on the insufficient or incorrect information. (6) Within one week of filing the notice of intent with a land use authority in accordance with Subsection (2), the public utility shall: (a) (i) create and update a website to dispense information about the proposed high voltage power line; and (ii) on the website: (A) designate a public utility point of contact; and (B) explain how the public utility will respond to requests for information from the public and public officials; and (b) (i) publish a public notice in a daily or weekly newspaper of general circulation at least once per week for two weeks in each county where the target study area is located disclosing that the public utility has filed a notice of intent with an affected entity; and (ii) describe in the public notice: (A) the proposed high voltage power line, including a map of the target study area; and (B) how readers may obtain more information from the website or locations listed in Subsection (3).
Utah Code § 54-8-10 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-10
§ 54-8-10. Public hearing -- Notice -- Publication.
Status: in_force

(1) The governing body shall provide notice of a public hearing on the proposed improvement for the proposed district, as a class B notice under Section 63G-30-102, for at least 14 days. (2) The addresses to be used for the purpose of mailing notice as required by Subsection 63G-30-102(3) shall be: (a) the last address appearing on the real property assessment rolls of the county for each owner of real property whose property will be assessed for the cost of the improvement; and (b) the street number of each piece of improved property to be affected by the assessment. (3) Mailed notices and the published notice shall state where a copy of the resolution creating the district will be available for inspection by any interested parties.
Utah Code § 54-9-106 — Utah Code / Title 54 / Chapter 54-9 / § 54-9-106
§ 54-9-106. Funding -- Power sales contracts -- Revenue bonds -- Fee in lieu of ad valorem property taxes -- Bond issues -- Public purpose.
Status: in_force

(1) A public power entity participating in common facilities under this chapter may furnish money and provide property, both real and personal, and, in addition to any other authority now existing, may issue and sell, either at public or privately negotiated sale, general obligation bonds or revenue bonds, pledging either the revenues of its entire electric system or only its interest or share of the revenues derived from the common facilities in order to pay its respective share of the costs of the planning, financing, acquisition, construction, repair, and replacement of common facilities. (2) (a) Capacity or output derived by a public power entity from its ownership share of common facilities not then required by the public power entity for its own use and for the use of its customers may be sold or exchanged for a consideration, for a period, and upon other terms and conditions as may be determined by the parties prior to the sale and as embodied in a power sales contract. (b) Any revenues arising under a power sales contract under Subsection (2)(a) may be pledged by the public power entity to the payment of revenue bonds issued to pay its respective share of the costs of the common facilities. (c) (i) As used in this Subsection (2)(c), "nonexempt purchaser" means a purchaser that is not exempt from property taxes under Utah Constitution Article XIII, Section 2. (ii) (A) Each power sales contract between a public power entity and a nonexempt purchaser shall contain a provision requiring the nonexempt purchaser to pay an annual fee to the public power entity in lieu of ad valorem property taxes. (B) The amount of the fee in lieu of ad valorem property taxes under Subsection (2)(c)(ii)(A) shall be based on the taxable value of the public power entity's percentage ownership of the common facilities used to produce the capacity or output that the public power entity sells to or exchanges with the nonexempt purchaser. (iii) The public power entity shall pay over to the county treasurer each fee in lieu of ad valorem property taxes that it receives from a nonexempt purchaser for distribution in the same manner as other ad valorem tax revenues. (iv) This Subsection (2)(c) does not apply to a public power entity to the extent that its interest in common facilities is subject to or exempt from the fee in lieu of ad valorem property taxes under Section 11-13-302. (3) A public power entity acquiring or owning an undivided interest in common facilities may contract with a county to pay, solely from the revenues derived from the interest of the public power entity in the common facilities, to the county or counties in which the common facilities are located, an annual fee in lieu of ad valorem property taxes based upon the taxable value of the percentage of the ownership share of the public power entity in the common facilities, which fee in lieu of ad valorem property taxes shall be paid over by the public power entity to the county treasurer of the county or counties in which the common facilities are located for distribution as per distribution of other ad valorem tax revenues. (4) (a) Bonds issued by a city or town shall be issued under the applicable provisions of Title 11, Chapter 14, Local Government Bonding Act, authorizing the issuance of bonds for the acquisition and construction of electric public utility properties by cities or towns. (b) Bonds or other debt instruments issued by an interlocal entity shall be issued under Title 11, Chapter 13, Interlocal Cooperation Act, or other applicable law. (5) All money paid or property supplied by a public power entity for the purpose of carrying out powers conferred by this chapter is declared to be for a public purpose.
Utah Code § 54-3-1 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-1
§ 54-3-1. Charges must be just; service adequate; rules reasonable.
Status: in_force

All charges made, demanded or received by any public utility, or by any two or more public utilities, for any product or commodity furnished or to be furnished, or for any service rendered or to be rendered, shall be just and reasonable. Every unjust or unreasonable charge made, demanded or received for such product or commodity or service is hereby prohibited and declared unlawful. Every public utility shall furnish, provide and maintain such service, instrumentalities, equipment and facilities as will promote the safety, health, comfort and convenience of its patrons, employees and the public, and as will be in all respects adequate, efficient, just and reasonable. All rules and regulations made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable. The scope of definition "just and reasonable" may include, but shall not be limited to, the cost of providing service to each category of customer, economic impact of charges on each category of customer, and on the well-being of the state of Utah; methods of reducing wide periodic variations in demand of such products, commodities or services, and means of encouraging conservation of resources and energy.
Utah Code § 54-10a-101 — Utah Code / Title 54 / Chapter 54-10a / § 54-10a-101
§ 54-10a-101. Title.
Status: in_force

This chapter is known as the "Office of Consumer Services Act."
Utah Code § 54-8b-6 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-6
§ 54-8b-6. Prohibition on subsidization of telecommunications services.
Status: in_force

A telecommunications corporation providing intrastate public telecommunications services may not subsidize its intrastate telecommunications services which are exempted from regulation or offered pursuant to a price list or competitive contract under authority of this chapter with proceeds from its other intrastate telecommunications services not so exempted or made subject to a price list or competitive contract. Similarly, proceeds from intrastate telecommunications services which are exempted from regulation or offered pursuant to a price list or competitive contract as authorized by this chapter may not subsidize other intrastate telecommunications services not so exempted or made subject to a price list or competitive contract.
Utah Code § 54-27-103 — Utah Code / Title 54 / Chapter 54-27 / § 54-27-103
§ 54-27-103. Commission data access and analysis.
Status: in_force

(1) The commission shall obtain operational, market, and reliability data from a regional transmission organization or independent system operator. (2) The commission may enter into a data-sharing agreement or confidentiality agreement to obtain the data described in Subsection (1). (3) Data obtained under this section may include: (a) resource sufficiency and adequacy results; (b) transmission constraint modeling; (c) congestion revenue rights, congestion offsets, and related settlement data; (d) unit commitment or dispatch information; (e) outage coordination data; (f) tariff test results; (g) monthly master file data; (h) Western Energy Imbalance Market neutrality charges; (i) out-of-market payments, including reliability run cost data; (j) resource adequacy data; or (k) deliverability, adequacy, or system impact studies. (4) The commission may contract with an independent expert or market monitor to review and verify modeling, analyses, or cost allocations affecting a Utah generation facility or transmission facility.
Utah Code § 54-8-19 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-19
§ 54-8-19. Assessments -- Right to levy against property -- Due date -- Notice -- Payment in annual installments.
Status: in_force

(1) The governing body may levy the assessments under the assessment list in whole or in part at any time after the adoption of the assessment resolution, but if not levied as a whole, any partial levies shall be made on the basis of completed improvements and the property benefited by the improvements. (2) The amount of the assessment will become due and collectible immediately upon the levying of the assessment and, if it is not paid within 30 days from the date of the levy, it shall, at the expiration of the 30 days, commence to bear interest at a rate fixed by the governing body but not to exceed 7% per annum. (3) (a) Notice shall be given in the same manner as provided in Section 54-8-16. (b) The notice under Subsection (3)(a) shall: (i) specify the date and amount of the levy affecting each tract, block, lot, or parcel, the date when interest will commence, the amount of such interest, and the period of years over which installment payments may be made; (ii) identify the easement that may be acquired by Subsection 54-8-26(2); and (iii) be recorded in the office of the recorder of the county in which the tract, block, lot, or parcel is located. (4) (a) If the assessment is not paid within the 30 days allowed, each owner shall be presumed to exercise the right and option to pay the amount due in equal annual installments bearing interest at the rate specified in the notice and extending over the period of years, not exceeding 20 specified in the notice. (b) The first installment shall become due one year from the date when interest commenced, and one installment shall become due on the same day of the same month annually thereafter. (c) Any assessment may be prepaid on any annual installment date without interest penalty provided the total balance of the assessment, including accrued interest, costs and penalties, be paid.
Utah Code § 54-21-209 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-209
§ 54-21-209. Manner of regulation.
Status: in_force

(1) An authority shall manage a wireless provider's use of a right-of-way in a nondiscriminatory manner with regard to any other user of the right-of-way. (2) Any term or condition an authority imposes on a right-of-way user may not: (a) be unreasonable or discriminatory; or (b) violate an applicable legal obligation or law.
Utah Code § 54-4-1 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-1
§ 54-4-1. General jurisdiction.
Status: in_force

The commission is hereby vested with power and jurisdiction to supervise and regulate every public utility in this state, and to supervise all of the business of every such public utility in this state, and to do all things, whether herein specifically designated or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction; provided, however, that the Department of Transportation shall have jurisdiction over safety functions of public utilities as granted in Title 72, Transportation Code.
Utah Code § 54-21-403 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-403
§ 54-21-403. Rates.
Status: in_force

The rate to collocate a small wireless facility on an authority pole: (1) shall be nondiscriminatory, regardless of the service provided by the collocating person; and (2) is provided in Part 5, Rates and Fees.
Utah Code § 54-3-3 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-3
§ 54-3-3. Changes by utilities in schedules -- Notice.
Status: in_force

Unless the commission otherwise orders, no change shall be made by any public utility in any rate, fare, toll, rental, charge or classification, or in any rule, regulation or contract relating to or affecting any rate, toll, fare, rental, charge, classification or service, or in any privilege or facility, except after 30 days' notice to the commission and to the public as herein provided. Such notice shall be given by filing with the commission, and keeping open for public inspection, new schedules stating plainly the change or changes to be made in the schedule or schedules then in force, and the time when the change or changes will go into effect. The commission for good cause shown may allow changes, without requiring the 30 days' notice herein provided for, by an order specifying the changes so to be made, the time when they shall take effect and the manner in which they shall be filed and published. When any change is proposed in any rate, fare, toll, rental, charge or classification, or in any form of contract or agreement, or in any rule, regulation or contract relating to or affecting any rate, toll, fare, rental, charge, classification or service, or in any privilege or facility, attention shall be directed to such change on the schedule filed with the commission by some character to be designated by the commission immediately preceding or following the item.
Utah Code § 54-21-202 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-202
§ 54-21-202. Prohibition on exclusive use.
Status: in_force

An authority may not enter into an exclusive arrangement with any person for: (1) use of a right-of-way for the collocation of a small wireless facility; or (2) the installation, operation, marketing, modification, maintenance, or replacement of a utility pole.
Utah Code § 54-8b-3 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-3
§ 54-8b-3. Exemptions from requirements.
Status: in_force

(1) (a) The commission, on its own initiative or in response to an application by a telecommunications corporation, a public agency, or a user of a public telecommunications service, may, after public notice and a hearing, issue an order exempting any telecommunications corporation or public telecommunications service from any requirement of this title, including any requirement or limitation relating to a telecommunication corporation's earnings, rate base, or pricing of public telecommunications services. (b) The commission may issue an order described in Subsection (1)(a), after an informal adjudication, without a hearing if: (i) the matter is not a proceeding described in Subsection 54-1-3(2)(a); (ii) a party to an application submitted under Subsection (1)(a) requests an informal adjudication; and (iii) no person opposes the request for informal adjudication before 10 business days after the day on which the party files the request. (2) The commission shall specify in the order any requirements, terms, or conditions which may apply to any exemption. (3) An exemption may be granted for the entire service territory of a telecommunications corporation or for a specific geographic area of the service territory. (4) The commission may issue an order for an exemption only if it finds that: (a) the telecommunications corporation or service is subject to effective competition; and (b) the exemption is in the public interest. (5) In determining if the telecommunications corporation or service is subject to effective competition, the commission shall consider all relevant factors, which may include: (a) the extent to which competing telecommunications services are available from alternative telecommunications providers; (b) the ability of alternative telecommunications providers to offer competing telecommunications services that are functionally equivalent or substitutable and reasonably available at comparable prices, terms, quality, and conditions; (c) the market share of the telecommunications corporation for which an exemption is proposed; (d) the extent of economic or regulatory barriers to entry; (e) the impact of potential competition; and (f) the type and degree of exemptions to this title that are proposed. (6) In determining if the proposed exemption is in the public interest, the commission shall consider, in addition to other relevant factors, the impact the proposed exemption would have on captive customers of the telecommunications corporation. (7) (a) The commission shall approve or deny any application for exemption under this section within 240 days, except that the commission may by order defer action for an additional 30-day period. (b) If the commission has not acted on any application within the permitted time period, the application is considered granted. (8) If the Federal Communications Commission permits a telecommunications corporation to discontinue service under 47 U.S.C. Sec. 214(a), the commission shall recognize and adopt the Federal Communications Commission's discontinuance findings.
Utah Code § 54-7-23 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-23
§ 54-7-23. Penalties.
Status: in_force

(1) This title shall not have the effect to release or waive any right of action by the state, the commission or any person for any right, penalty or forfeiture, which may have arisen or accrued or may hereafter arise or accrue under any law of this state. (2) All penalties accruing under this title shall be cumulative and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture, or be a bar to any criminal prosecution against any public utility, or any officer, director, agent or employee thereof, or any other corporation or person, or be a bar to the exercise by the commission of its power to punish for contempt.
Utah Code § 54-8a-3.5 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-3.5
§ 54-8a-3.5. Excavation-related information included with construction and building permit.
Status: in_force

An entity issuing a permit for building or construction that may require excavation may, and is encouraged to, include a notice on or with a permit stating, "Attention, Utah law requires any excavator to notify the owner of underground facilities 48 hours before excavating and comply with Utah Code Title 54, Chapter 8a, Damage to Underground Utility Facilities."
Utah Code § 54-23-108 — Utah Code / Title 54 / Chapter 54-23 / § 54-23-108
§ 54-23-108. Existing agreements.
Status: in_force

Nothing in this chapter prevents a railroad and a fiber optic carrier from continuing under an existing agreement, or from otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing.
Utah Code § 54-18-201 — Utah Code / Title 54 / Chapter 54-18 / § 54-18-201
§ 54-18-201. Public utility to obtain approval for high voltage power lines.
Status: in_force

(1) Except as provided in Subsections (2) and (3), a public utility shall comply with the requirements of this chapter before beginning construction or operation of: (a) a high voltage power line; or (b) an upgraded high voltage power line. (2) A public utility is not subject to the provisions of this chapter if the public utility has on or before May 12, 2009: (a) filed an application for or obtained a certificate of convenience and necessity for a high voltage power line in accordance with the provisions of Section 54-4-25; or (b) has initiated the acquisition of right-of-way for the construction of the high voltage transmission line. (3) A transmission line that is subject to federal permitting is not subject to the provisions of this chapter.
Utah Code § 54-24-102 — Utah Code / Title 54 / Chapter 54-24 / § 54-24-102
§ 54-24-102. Definitions.
Status: in_force

As used in this chapter: (1) "Electric cooperative" means an electrical corporation that is a: (a) distribution electrical cooperative; or (b) wholesale electrical cooperative. (2) "Governing authority" means the same as that term is defined in Section 54-15-102. (3) "Qualified utility" means the same as that term is defined in Section 54-17-801. (4) "Wildland fire protection plan" means a plan submitted to the commission or governing authority in accordance with the requirements of this chapter.
Utah Code § 54-4a-3 — Utah Code / Title 54 / Chapter 54-4a / § 54-4a-3
§ 54-4a-3. Budget of division -- Employment of personnel.
Status: in_force

(1) The annual budget of the Division of Public Utilities shall provide sufficient funds for the division to hire, develop, and organize a technical and professional staff to perform the duties, powers, and responsibilities committed to it by statute. (2) The division director may: (a) hire economists, accountants, engineers, inspectors, statisticians, lawyers, law clerks, and other technical and professional experts as may be required; (b) retain additional experts as required for a particular matter, but only to the extent that it is necessary to supplement division staff in order to fulfill its duties; and (c) employ necessary administrative and support staff. (3) (a) The Division of Human Resource Management shall determine pay schedules using standard techniques for determining compensation. (b) The Division of Human Resource Management may make the division's compensation determinations based upon compensation common to utility companies throughout the United States.
Utah Code § 54-18-305 — Utah Code / Title 54 / Chapter 54-18 / § 54-18-305
§ 54-18-305. Appeal of high voltage power line route.
Status: in_force

This chapter does not affect a public utility's or local government's right to appeal a high voltage power line route to the Utility Facility Review Board in accordance with the provisions of Chapter 14, Utility Facility Review Board Act.
Utah Code § 54-14-307 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-307
§ 54-14-307. Stay of board's decision pending review or appeal.
Status: in_force

(1) A petition for review, rehearing, or reconsideration or a petition for judicial review does not stay or suspend the effectiveness of a written decision of the board. (2) Any party seeking to stay the effectiveness of a decision of the board shall seek a stay under Section 63G-4-405.
Utah Code § 54-20-107 — Utah Code / Title 54 / Chapter 54-20 / § 54-20-107
§ 54-20-107. Other programs.
Status: in_force

The commission may authorize a large-scale electric utility or a large-scale natural gas utility to establish a program in addition to the programs described in this chapter if the commission determines that the program is cost-effective and in the public interest.
Utah Code § 54-4a-2 — Utah Code / Title 54 / Chapter 54-4a / § 54-4a-2
§ 54-4a-2. Director of division -- Appointment -- Authority and responsibility.
Status: in_force

The director of the Division of Public Utilities shall be appointed by the executive director of the Department of Commerce and shall serve at the pleasure of the executive director. The director of the Division of Public Utilities is subject to the administrative authority of the executive director of the Department of Commerce and is responsible for the administration and supervision of the division. The director of the Division of Public Utilities shall have authority to adopt internal organizational measures to effectuate efficiency and economy in the management and operation of the division.
Utah Code § 54-17-103 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-103
§ 54-17-103. Rulemaking.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission: (a) shall make rules when required by this chapter; and (b) in addition to the rules required under Subsection (1)(a), may make rules necessary for the implementation of this chapter. (2) Notwithstanding a requirement that the commission make rules, the commission may take action under this chapter before the commission makes a required rule including: (a) approving a solicitation process under Part 2, Solicitation Process; (b) approving a significant energy resource under Section 54-17-302; (c) issuing an order under Section 54-17-304 regarding whether an affected electrical utility should proceed with implementing a significant energy resource decision; (d) approving an energy resource under Section 54-17-402; or (e) issuing an order under Section 54-17-404 regarding whether an energy utility should proceed with implementing a resource decision.
Utah Code § 54-10a-201 — Utah Code / Title 54 / Chapter 54-10a / § 54-10a-201
§ 54-10a-201. Office of Consumer Services -- Director.
Status: in_force

(1) There is created within the Department of Commerce the "Office of Consumer Services." (2) (a) The governor shall appoint, with the concurrence of the Committee of Consumer Services and the advice and consent of the Senate, a qualified person in the field of public utilities to be the director of the office. (b) The director shall serve for a term of six years. (c) For purposes of the individual who is the director on May 12, 2009, that individual's six-year term is considered to begin on July 1, 2009. (d) The governor may remove the director for cause. (3) In accordance with this chapter, the director shall on behalf of the office: (a) represent residential consumers and small commercial consumers of an applicable public utility; and (b) represent the interests of: (i) residential consumers; and (ii) small commercial consumers.
Utah Code § 54-26-901 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-901
§ 54-26-901. Transmission cost allocation.
Status: in_force

(1) The commission shall: (a) conduct a proceeding to establish rules for the allocation of transmission costs between large load customers and retail customers for large load contracts executed on or after January 1, 2026; (b) retain a qualified independent consultant with expertise in transmission cost allocation methodologies to: (i) analyze potential methodologies for transmission cost allocation, taking into account the factors listed in Subsection (2); and (ii) make recommendations to the commission; and (c) issue a rule no later than January 1, 2026. (2) In developing rules under Subsection (1), the commission shall consider: (a) Federal Energy Regulatory Commission policies and precedents regarding transmission cost allocation; (b) the projected increase in electricity demand from large load customers; (c) the incremental transmission costs required to serve large load customers; (d) the economic development benefits associated with serving large load customers; (e) the need to maintain just and reasonable rates for retail customers; (f) the extent to which new large load facilities are required specifically to serve large load customers; (g) the extent to which large load customers utilize existing transmission infrastructure; (h) methods to apportion costs based on cost causation and system benefits; and (i) any other factors the commission determines are relevant to establishing a fair and reasonable allocation of transmission costs. (3) The commission may establish different cost allocation methodologies based on: (a) the timing of large load customer interconnection; (b) the size of the load being served; (c) the cost causation attributable to various customer classes; (d) the benefits accruing to various customer classes; or (e) other relevant distinctions. (4) Nothing in this section limits the commission's existing authority to determine just and reasonable rates. (5) (a) The commission shall impose and collect a fee from each large load customer that submits a large-scale service request to cover the cost of: (i) retaining qualified independent consultants and experts by the commission, the Division of Public Utilities, and the Office of Consumer Services to evaluate large-scale service requests and large load contracts; and (ii) any other reasonable costs incurred in conducting proceedings and evaluations under this chapter. (b) The fee shall be: (i) assessed on a semi-annual basis corresponding to the study periods established in Section 54-26-202; (ii) determined based on the anticipated needs given the number and complexity of requests received in each study period; and (iii) proportionately allocated among large load customers with pending requests. (c) All fees collected under this subsection shall be: (i) remitted to the state treasurer; (ii) credited to the Public Utility Regulation Fee Account created in Section 54-5-1.5; and (iii) used exclusively for the purposes described in Subsection (5)(a).
Utah Code § 54-17-906 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-906
§ 54-17-906. Customer billing.
Status: in_force

The qualified utility shall: (1) include information on its monthly bills to participating customers identifying the community clean energy program cost; and (2) provide notice to participating customers of any change in rate for participation in the community clean energy program.
Utah Code § 54-8a-4 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-4
§ 54-8a-4. Notice of excavation.
Status: in_force

(1) (a) Before excavating, an excavator shall notify each operator with an underground facility in the area of the proposed excavation. (b) The requirements of Subsection (1)(a) do not apply: (i) if there is an emergency; (ii) while gardening; or (iii) while tilling private ground. (2) The notice required by Subsection (1) shall: (a) be given: (i) by telephone; (ii) by electronic communication; or (iii) by other means acceptable to the association; (b) be given not: (i) less than 48 hours before excavation begins; or (ii) more than 14 days before excavation begins; and (c) include the proposed excavation's anticipated: (i) location, with reasonable specificity; (ii) dimensions; and (iii) type. (3) If the proposed excavation's anticipated location and dimensions cannot be described as required under Subsection (2)(c) or as requested in accordance with Subsection 54-8a-5(2)(b), an excavator shall outline the proposed excavation site using as a guideline the then-existing Uniform Color Code and Marking Guidelines, Appendix B, published by the Common Ground Alliance, as amended in the current version of the excavators' guide published by the statewide association established in Section 54-8a-9. (4) If more than one excavator will operate at the same excavation site, each excavator shall provide the notice required by this section. (5) Notice provided to the association constitutes notice to each operator that has facilities within the proposed excavation site. (6) (a) Notice given under this section is valid for 21 days from the day on which the notice is given. (b) If an excavation will continue beyond the 21-day period under Subsection (6)(a), the excavator shall provide notice of that fact at least 48 hours, but no sooner than seven calendar days, before expiration of the 21-day period. (c) A notice under Subsection (6)(b) is valid for 21 days from the day on which the previous notice expires. (d) An excavator shall give notice as provided in this Subsection (6) for the duration of the excavation. (7) (a) An excavator shall confirm before excavation that: (i) operators that utilize electronic positive response have responded through the association's electronic positive response system; and (ii) (A) all facilities that may be affected by the proposed excavation have been marked; (B) the operators have indicated that there are no underground facilities within the proposed excavation site; or (C) the operators have not requested a meeting under Subsection 54-8a-5(2). (b) If an operator has not marked a facility or responded within 48 hours of the initial excavation notice: (i) the excavator may not begin excavation if the excavator is aware of or observes indications of a facility that was not marked at the proposed excavation area until: (A) the excavator has given a no response notice; and (B) the operator makes arrangements for the facility to be marked by the operator; or (ii) the excavator may begin excavation if there are no visible indications of a facility within the proposed excavation area. (c) Within four business hours of the association receiving a no response notice, an operator shall mark the facilities or make arrangements for the facilities to be marked. (8) If markings made by the operator have been disturbed so that the markings no longer identify the underground facility: (a) before excavating the site an excavator shall notify: (i) the association; or (ii) each operator; and (b) the operator shall mark the area again within 48 hours of the notification provided by the excavator under Subsection (8)(a). (9) Unless an operator remarks an area pursuant to Subsection (8), the excavator shall be responsible for the costs incurred by an operator to remark its underground facilities following the second or subsequent notice given by an excavator for a proposed excavation.
Utah Code § 54-17-909 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-909
§ 54-17-909. Commission rulemaking authority.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall adopt rules to implement this part, including: (1) establishing the initial opt-out period; (2) the terms and conditions of the agreement under Section 54-17-903; (3) the content and filing of an application under Section 54-17-904; (4) the notice requirements under Section 54-17-905; (5) the standards for determining when a termination charge is applicable and the amount and timing of a termination charge under Subsection 54-17-905(3); (6) the content and filing requirements for the annual filing under Subsection 54-17-907(2); (7) the solicitation requirements under Section 54-17-908; and (8) any other requirements determined by the commission necessary to protect the public interest and to implement this part.
Utah Code § 54-8b-9 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-9
§ 54-8b-9. Commission's jurisdiction under other provisions of title not enlarged or reduced by chapter.
Status: in_force

(1) Nothing in this chapter shall be construed to enlarge or reduce the commission's jurisdiction over the services and entities for which jurisdiction is provided or excluded by other provisions of this title. (2) Nothing in this chapter shall be construed to enlarge the commission's jurisdiction over: (a) providers of: (i) cellular or wireless telecommunications services; or (ii) the one-way transmission to subscribers of video programming and the subscriber interaction, if any, which is required for the selection of the video programming; or (b) telecommunications companies classified as cooperatives. (3) Nothing in this chapter shall diminish the commission's authority to regulate the quality of telecommunications services provided by telecommunications corporations.
Utah Code § 54-4-40 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-40
§ 54-4-40. Approval of certain agreements between an electrical corporation and a municipality.
Status: in_force

(1) The commission shall review an agreement entered into between an electrical corporation and a municipality if the electrical corporation is required to obtain commission approval in accordance with Section 10-8-14, 54-3-30, or 54-3-31. (2) The requirements of Subsection (1) do not confer jurisdiction on the commission to regulate any electric service provided by a municipality. (3) The commission shall provide public notice of an agreement described in Subsection (1) no later than three business days after the day on which the commission receives an application to approve the agreement. (4) An agreement described in Subsection (1) is approved 20 days after the day on which the commission posts the notice described in Subsection (3) unless, before the agreement is approved: (a) the commission: (i) determines that additional time is warranted and in the public interest; and (ii) notifies the parties to the agreement of the commission's determination; or (b) a person that the agreement affects submits a request to the commission, in writing, that the commission: (i) hold a public hearing regarding the agreement; or (ii) provide additional time for the person to investigate the agreement.
Utah Code § 54-17-904 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-904
§ 54-17-904. Authority of commission to approve a community clean energy program.
Status: in_force

(1) After the commission has adopted administrative rules as required under Section 54-17-909, a qualified utility may file an application with the commission for approval of a community clean energy program. (2) The application shall include: (a) the names of each municipality and county to be served by the community clean energy program; (b) a map of the geographic boundaries of each municipality and county; (c) the number of customers served by the qualified utility within those boundaries; (d) projected rates for participating customers that take into account: (i) the estimated number of customers expected to participate in the program; (ii) the quantifiable costs and benefits to the qualified utility and all of the qualified utility's customers in their capacity as ratepayers of the qualified utility, excluding costs or benefits that do not directly affect the qualified utility, including as applicable: (A) replaced assets; (B) auxiliary services; and (C) new clean energy resources used to serve the community clean energy program; and (iii) the ongoing costs at the time of the application; (e) the agreement entered into with the qualified utility under Section 54-17-903; (f) a proposed plan established by the participating community addressing low-income programs and assistance; (g) a proposed solicitation process for the acquisition of clean energy resources as provided in Section 54-17-908; and (h) any other information the commission may require by rule. (3) The commission may approve an application for a community clean energy program if the commission finds: (a) the application meets all of the requirements in this section and administrative rules adopted by the commission in accordance with Sections 54-17-908 and 54-17-909 to implement this part; and (b) the community clean energy program is in the public interest. (4) The rates approved by the commission for participating customers: (a) shall be based on the factors included in Subsection (2)(d) and any other factor determined by the commission to be in the public interest; (b) may not result in any shift of costs or benefits to any nonparticipating customer, or any other customer of the qualified utility beyond the participating community boundaries; and (c) shall take into account any quantifiable benefits to the qualified utility, and the qualified utility's customers, including participating customers in their capacity as ratepayers of the qualified utility, excluding costs or benefits that do not directly affect the qualified utility's costs of service. (5) (a) Each municipality or county included in the application shall be a party to the regulatory proceeding. (b) A municipality or county identified in the application shall provide information to all relevant parties in accordance with the commission's rules for discovery, notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act. (6) The community clean energy program may not be implemented until after the municipality or county adopts the ordinance required in Section 54-17-903.
Utah Code § 54-17-905 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-905
§ 54-17-905. Customer participation -- Election not to participate.
Status: in_force

(1) (a) After commission approval of a community clean energy program and adoption of the ordinance by the participating community as required in Section 54-17-903, a qualified utility shall provide notice to each of its customers within the participating community that includes: (i) the projected rates and terms of participation in the community clean energy program approved by the commission; (ii) an estimated comparison to otherwise applicable existing rates; (iii) an explanation that the customer may elect to not participate in the community clean energy program by notifying the qualified utility; (iv) a simple method, such as checking a box or signing a statement, for the customer to indicate on the notice the customer's election to not participate in the community clean energy program; (v) instructions for submitting the notice to the qualified utility to opt out of the community clean energy program; and (vi) any other information required by the commission. (b) The notice required under Subsection (1)(a) shall prominently display the information described in Subsections (1)(a)(iv) and (v). (c) The qualified utility shall provide the notice required under Subsection (1)(a) to each customer: (i) no less than twice within the period of 60 days immediately preceding the date required to opt out of the community clean energy program; and (ii) separately from the customer's monthly billing. (d) The qualified utility shall provide the information required under Subsection (1)(a) in person to each customer with an electric load of one megawatt or greater measured at a single meter. (2) (a) An existing customer of the qualified utility may elect to not participate in the community clean energy program and continue to pay applicable existing rates by: (i) submitting the notice described in Subsection (1)(a) to the qualified utility; or (ii) giving notice to the qualified utility in the manner and within the time period determined by the commission. (b) After implementation of the community clean energy program: (i) a customer that previously elected not to participate in the program may become a participating customer as allowed by commission rules and by giving notice to the qualified utility in the manner required by the commission; and (ii) a customer of the qualified utility that begins taking electric service within a participating community after the date of implementation of the community clean energy program shall: (A) be given notice as determined by the commission; and (B) shall become a participating customer unless the person elects not to participate by giving notice to the qualified utility in the manner and within the time period determined by the commission. (3) (a) A customer that does not opt out of the community clean energy program under Subsection (2) may later discontinue participation in the community clean energy program as allowed by the commission as described in Subsection (3)(b) or (c). (b) (i) During the initial opt-out period, a participating customer may elect to leave the program by giving notice to the qualified utility in the manner determined by the commission. (ii) A participating customer that opts out as described in Subsection (3)(b)(i) is not subject to a termination charge. (c) After the community clean energy program's initial opt-out period, a participating customer may elect to leave the program by: (i) giving notice to the qualified utility in the manner determined by the commission; and (ii) paying a termination charge as determined by the commission that may include the cost of clean energy resources acquired or constructed for the community clean energy program that are not being utilized by participating customers as necessary to prevent shifting costs to other customers of the qualified utility. (4) (a) A customer of a qualified utility that is annexed into the boundaries of a participating community after the effective date of the community clean energy program shall be given notice as provided in Subsection (1) advising the customer of the option to opt out of the program. (b) A participating customer located in a portion of a county that is annexed into a municipality that is not a participating community shall continue to be included in the clean energy program if the customer remains a customer of the qualified utility. (c) If a participating customer is annexed into a municipality that provides electric service to the municipality's residents: (i) the customer may continue to be served by the qualified utility under the community clean energy program if the qualified utility enters into an agreement with the municipality under Section 54-3-30; or (ii) the municipality shall pay the termination charge for each participating customer that is no longer served by the qualified utility. (5) A residential customer that is participating in the net metering program under Title 54, Chapter 15, Net Metering of Electricity, may not be a participating customer under this part. (6) (a) The cost of providing notice under Subsection (1) shall be paid by the participating communities. (b) All other notices required under this section shall be paid for as program costs and recovered through participating customers' rates.
Utah Code § 54-7-27 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-27
§ 54-7-27. Violations by corporations other than utilities -- Penalty.
Status: in_force

Every corporation, other than a public utility, which violates any provision of this title, or which fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement, or any part or provision thereof, of the commission, in a case in which a penalty has not hereinbefore been provided for such corporation, is subject to a penalty of not less than $500 nor more than $2,000 for each and every offense.
Utah Code § 54-4-13 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-13
§ 54-4-13. Joint use of properties by utilities -- Adjustment of costs -- Cable television easement rights.
Status: in_force

(1) Whenever the commission shall find that public convenience and necessity require the use by one public utility of the conduits, subways, tracks, wires, poles, pipes or other equipment, or any part thereof, on, over or under any street or highway, belonging to another public utility, and that such use will not result in irreparable injury to the owner or other users of such conduits, subways, tracks, wires, poles, pipes or other equipment, or in any substantial detriment to the service, and that such public utilities have failed to agree upon such use or the terms and conditions or compensation for the same, the commission may, by order, direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for the joint use. If such use is directed, the public utility to whom the use is permitted shall be liable to the owner or other users of such conduits, subways, tracks, wires, poles, pipes or other equipment for such damage as may result therefrom to the property of such owner or other users thereof. (2) Whenever a public utility including its successors, assigns, lessees, licensees and agents, is granted a right-of-way easement to construct, operate, maintain or remove utility facilities, electric power and other facilities as it may require upon, over, under and across land or upon, over, under and across a dedicated public utility strip, and such public utility has also entered into a pole attachment contract with a cable television company which has been granted a franchise by a city, county, municipal or other public authority including the right to use the wires, conduits, cables, or poles of such public utility, and providing for the attachment or installation of wires, cables, and other equipment of a cable television company, to certain poles or in certain conduits of such public utility under controlled conditions designed to ensure the continued safe operation of the utilities service and facilities without any additional burden on the grantor's property then, and in that event, the cable television company, has the right to share in and enjoy the use of the right-of-way easement, subject to the terms and conditions provided in the pole attachment contract, and the right-of-way easement or interest granted the public utility is apportionable to the cable television company under the following limitations or conditions: (a) Consent is secured from the private property owner where the easement is located except this requirement shall not apply in the case of a dedicated public utility strip. (b) The Public Service Commission determines that under the terms and conditions of the pole attachment contract the use of the utilities facilities by the cable television company will not interfere with the primary utility function or render its facilities unsafe, and that the contract is in the public interest. (c) The right-of-way easement is not restricted to the sole use of the public utility; provided, that such restriction shall not apply in any easement granted for the use of a dedicated public utility strip. (d) The use contemplated by the cable television company is the same or similar to that granted the public utility and that such use will not impose an additional burden upon the servient tenement. (e) The use of the easement by the cable television company will not cause irreparable injury or damage to the grantor's property.
Utah Code § 54-4-2 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-2
§ 54-4-2. Investigations -- Hearings and notice -- Findings -- Applicability of chapter.
Status: in_force

(1) (a) The commission may conduct an investigation if the commission determines an investigation: (i) is necessary to secure compliance with this title or with an order of the commission; (ii) is in the public interest; or (iii) should be made of any act or omission to act, or of anything accomplished or proposed, or of any schedule, classification, rate, price, charge, fare, toll, rental, rule, regulation, service, or facility of any public utility. (b) If the commission conducts an investigation under Subsection (1)(a), the commission may: (i) establish a time and place for a hearing; (ii) provide notice to the public utility concerning the investigation; and (iii) make findings and orders that are just and reasonable with respect to the investigation. (2) This chapter does not apply to a schedule, classification, rate, price, charge, fare, toll, rental, rule, service, facility, or contract of an entity described in Subsection 54-2-1(9)(b)(iii) or (iv), (21), or (23)(i), or if the electricity is consumed by an eligible customer for the eligible customer's own use or the use of the eligible customer's tenant or affiliate.
Utah Code § 54-8-18 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-18
§ 54-8-18. Assessments -- Resolution to adopt.
Status: in_force

After the public hearing has been concluded and all corrections made to the assessment list, and in the case of a municipality, after receiving the report from the board of equalization and review, the governing body shall proceed to adopt the assessment resolution.
Utah Code § 54-10a-202 — Utah Code / Title 54 / Chapter 54-10a / § 54-10a-202
§ 54-10a-202. Committee of Consumer Services.
Status: in_force

(1) (a) There is created within the office a committee known as the "Committee of Consumer Services." (b) A member of the committee shall maintain the member's principal residence within Utah. (2) (a) The governor shall appoint five members to the committee subject to Subsection (3). (b) Except as required by Subsection (2)(c), as terms of current committee members expire, the governor shall appoint a new member or reappointed member to a four-year term. (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years. (d) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term. (3) Members of the committee shall represent the following consumer interests: (a) one member shall be an individual with experience and understanding of issues affecting low-income residents; (b) one member shall be a retired person; (c) one member shall be an individual with experience and understanding of issues affecting small commercial consumers; (d) one member shall be a farmer or rancher who uses electric power to pump water in the member's farming or ranching operation; and (e) one member shall be a residential consumer. (4) Subject to Subsection (3), for a member of the committee appointed on or after May 12, 2009, the governor shall appoint, to the extent possible, an individual with expertise or experience in: (a) public utility matters related to consumers; (b) economics; (c) accounting; (d) financing; (e) engineering; or (f) public utilities law. (5) The governor shall designate one member as chair of the committee. (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (7) (a) The committee may hold monthly meetings. (b) The committee may hold other meetings, at the times and places the chair and a majority of the committee determine. (8) (a) Three members of the committee constitute a quorum of the committee. (b) A majority of members voting when a quorum is present constitutes an action of the committee.
Utah Code § 54-4-20 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-20
§ 54-4-20. Consumer may have meter tested upon paying fee.
Status: in_force

Any consumer or user of any product, commodity or service of a public utility may have any appliance used in the measurement thereof tested, upon paying the fees fixed by the commission. The commission shall establish and fix reasonable fees to be paid for testing such appliances on the request of the consumer or user; the fee to be paid by the consumer or user at the time of the consumer's or user's request, but to be paid by the public utility and repaid to the consumer or user under such rules and regulations as may be prescribed by the commission, if the appliance is found defective or incorrect to the disadvantage of the consumer or user.
Utah Code § 54-17-805 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-805
§ 54-17-805. Costs associated with delivering electricity from a clean energy facility to a contract customer.
Status: in_force

(1) To the extent that a clean energy contract provides for the delivery of electricity from a clean energy facility owned by the contract customer, the clean energy contract shall require the contract customer to pay for the use of the qualified utility's transmission or distribution facilities at the qualified utility's applicable rates, which may include transmission costs at the qualified utility's applicable rate approved by the Federal Energy Regulatory Commission. (2) To the extent that a clean energy contract provides for the delivery of electricity from a clean energy facility owned by a person other than the qualified utility or the contract customer, the clean energy contract shall require the contract customer to bear all reasonably identifiable costs that the qualified utility incurs in delivering the electricity from the clean energy facility to the contract customer, including all costs to procure and deliver electricity and for billing, administrative, and related activities, as determined by the commission. (3) A qualified utility that enters a clean energy contract shall charge a contract customer for all metered electric service delivered to the contract customer, including generation, transmission, and distribution service, at the qualified utility's applicable tariff rates, excluding: (a) any kilowatt hours of electricity delivered from the clean energy facility, based on the time of delivery, adjusted for transmission losses; (b) any kilowatts of electricity delivered from the clean energy facility that coincide with the contract customer's monthly metered kilowatt demand measurement, adjusted for transmission losses; (c) any transmission and distribution service that the contract customer pays for under Subsection (1) or (2); and (d) any transmission service that the contract customer provides under Subsection (2) to deliver generation from the clean energy facility.
Utah Code § 54-8a-7 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-7
§ 54-8a-7. Notice of contact or damage -- Repairs.
Status: in_force

(1) An excavator performing an excavation that results in contact or damage to a facility shall: (a) provide notice of the contact or damage including the location and nature of any damage immediately to the operator; (b) allow the operator reasonable time when considering the safety of the area, and the availability of materials, labor, or equipment, to make or coordinate necessary repairs before completing the excavation in the immediate area of the facility; and (c) delay any backfilling in the immediate area of the contacted or damaged facility until the operator authorizes the excavator to resume backfilling. (2) After receiving notification of contact or damage to a facility, the operator, or qualified personnel authorized by the operator, shall: (a) expedite a response to examine the contacted or damaged facility; and (b) make or coordinate necessary repairs to the contacted or damaged facility within eight business hours or notify the excavator that the repairs will take longer than eight business hours due to safety or availability of materials, labor, or equipment. (3) (a) An excavator that is responsible for an excavation where any contact or damage to a facility results in the discharge of electricity or escape of any flammable, toxic, or corrosive gas or liquid, or that endangers life, health, or property shall: (i) immediately notify: (A) emergency responders, including 911 services; and (B) the facility operator; and (ii) take reasonable measures to protect the excavator, other persons, property, and the environment until the operator or emergency responders arrive.
Utah Code § 54-21-303 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-303
§ 54-21-303. Exceptions to permitting.
Status: in_force

(1) Except as provided in Subsection (2), an authority may not require a wireless provider to submit an application, obtain a permit, or pay a rate for: (a) routine maintenance; (b) the replacement of a small wireless facility with a small wireless facility that is substantially similar or smaller in size; or (c) the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code. (2) (a) An authority may require a wireless provider to obtain a permit in accordance with Section 72-7-102 for work that requires excavation or closing of sidewalks or vehicular lanes in a public right-of-way. (b) If an authority requires a permit under Subsection (2)(a), the authority shall process and approve the permit within the same time period the authority processes and approves a permit for all other types of entities. (3) (a) An authority may require advance notice of an activity described in Subsection (1). (b) A wireless provider may replace or upgrade a utility pole only with the approval of the utility pole's owner.
Utah Code § 54-4-1.5 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-1.5
§ 54-4-1.5. Investigations, providing information, audits and recommendations by director.
Status: in_force

In addition to its other powers and duties provided by law, the Public Service Commission may, with respect to any matter within its jurisdiction, order the director of the Division of Public Utilities to: (1) conduct research, studies, and investigations; (2) provide information, documents or records in compliance with the provisions regarding ex parte communications set forth in Section 54-7-1.5; (3) conduct audits and inspections or take other enforcement actions to assure compliance with commission decisions and state and federal laws; and (4) make recommendations regarding public utility regulations.
Utah Code § 54-27-102 — Utah Code / Title 54 / Chapter 54-27 / § 54-27-102
§ 54-27-102. Commission participation in a regional transmission organization or independent system operator.
Status: in_force

(1) The commission shall actively participate in a regional transmission organization or independent system operator in which a transmission provider or electrical corporation serving Utah customers is a member or market participant. (2) Participation under Subsection (1) includes engagement in: (a) stakeholder processes; (b) governance committees; (c) technical forums; or (d) market-related proceedings.
Utah Code § 54-21-208 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-208
§ 54-21-208. Historic and design districts.
Status: in_force

(1) Subject to the permit process described in Section 54-21-302, an authority may require a reasonable, technically feasible, nondiscriminatory, or technologically neutral design or concealment measure in an historic district, unless the facility is excluded from evaluation for effects on historic properties under 47 C.F.R. Sec. 1.1307(a)(4). (2) A design or concealment measure described in Subsection (1) may not: (a) have the effect of prohibiting a provider's technology; or (b) be considered a part of the small wireless facility for purposes of the size parameters in the definition of a small wireless facility. (3) (a) A wireless provider shall obtain advance approval from an authority before collocating a new small wireless facility or installing a new utility pole in an area that is zoned or otherwise designated as an historic district or a design district. (b) As a condition for approval of a new small wireless facility or a new utility pole in an historic district or a design district, an authority may require reasonable design or concealment measures for the new small wireless facility or the new utility pole. (4) A wireless provider shall comply with an authority's reasonable and nondiscriminatory design and aesthetic standards requiring the use of certain camouflage measures in connection with a new small wireless facility in an historic district or a design district, if the camouflage measures are technically and economically feasible consistent with this chapter. (5) This section does not limit an authority's ability to enforce historic preservation zoning regulations consistent with: (a) the preservation of local zoning authority under 47 U.S.C. Sec. 332(c)(7); (b) the requirements for facility modifications under: (i) 47 U.S.C. Sec. 1455(a); or (ii) the National Historic Preservation Act of 1966, 16 U.S.C. Sec. 470 et seq.; (c) the regulations adopted to implement the laws described in Subsections (5)(a) and (b); and (d) Section 10-20-601.
Utah Code § 54-5-1.5 — Utah Code / Title 54 / Chapter 54-5 / § 54-5-1.5
§ 54-5-1.5. Special regulation fee -- Supplemental Levy Committee -- Supplemental fee -- Fee for electrical cooperatives.
Status: in_force

(1) Legislative findings: (a) A special fee to defray the cost of regulation is imposed upon all public utilities subject to the jurisdiction of the Public Service Commission. (b) The special fee is in addition to any charge now assessed, levied, or required by law. (2) (a) The executive director of the Department of Commerce shall determine the special fee for the Department of Commerce. (b) The chair of the Public Service Commission shall determine the special fee for the Public Service Commission. (c) The fee shall be assessed as a uniform percentage of the gross operating revenue for the preceding calendar year derived from each public utility's business and operations during that period within this state, excluding income derived from interstate business. Gross operating revenue shall not include income to a wholesale electric cooperative derived from the sale of power to a rural electric cooperative which resells that power within the state. (3) (a) The executive director of the Department of Commerce shall notify each public utility subject to the provisions of this chapter of the amount of the fee. (b) The fee is due and payable on or before July 1 of each year. (4) (a) There is created a restricted account within the General Fund known as the Public Utility Regulatory Restricted Account. (b) Notwithstanding Subsection 13-1-2(3)(c), the Department of Commerce shall deposit a fee assessed under this section into the Public Utility Regulatory Restricted Account. (c) Within appropriations by the Legislature: (i) the Department of Commerce may use the funds in the Public Utility Regulatory Restricted Account to administer: (A) the Division of Public Utilities; and (B) the Office of Consumer Services; (ii) the Public Service Commission may use the funds in the Public Utility Regulatory Restricted Account to administer the Public Service Commission; and (iii) the Division of Public Utilities may use the funds in the Public Utility Regulatory Restricted Account to administer the Utility Bill Assistance Program created under Section 54-4-42. (d) At the end of each fiscal year, the director of the Division of Finance shall transfer into the General Fund any balance in the Public Utility Regulatory Restricted Account in excess of $3,000,000. (5) (a) Subject to Subsection (5)(b), public utilities shall provide funds for the administration, support, and maintenance of: (i) the Public Service Commission; (ii) state agencies within the Department of Commerce involved in the regulation of public utilities; and (iii) expenditures by the attorney general for utility regulation. (b) The fee imposed by Subsection (1) may not exceed the greater of: (i) (A) for a public utility other than an electrical cooperative, .3% of the public utility's gross operating revenues for the preceding calendar year; or (B) for an electrical cooperative, .15% of the electrical cooperative's gross operating revenues for the preceding calendar year; or (ii) $50. (6) (a) There is created a Supplemental Levy Committee to levy additional assessments on public utilities when unanticipated costs of regulation occur in any fiscal year. (b) The Supplemental Levy Committee shall consist of: (i) one member selected by the executive director of the Department of Commerce; (ii) one member selected by the chairman of the Public Service Commission; (iii) two members selected by the three public utilities that paid the largest percent of the current regulatory fee; and (iv) one member selected by the four appointed members. (c) (i) The members of the Supplemental Levy Committee shall be selected within 10 working days after the executive director of the Department of Commerce gives written notice to the Public Service Commission and the public utilities that a supplemental levy committee is needed. (ii) If the members of the Supplemental Levy Committee have not been appointed within the time prescribed, the governor shall appoint the members of the Supplemental Levy Committee. (d) (i) During any state fiscal year, the Supplemental Levy Committee, by a majority vote and subject to audit by the state auditor, may impose a supplemental fee on the regulated utilities for the purpose of defraying any increased cost of regulation. (ii) The supplemental fee imposed upon the utilities shall equal a percentage of their gross operating revenue for the preceding calendar year. (iii) The aggregate of all fees, including any supplemental fees assessed, shall not exceed .3% of the gross operating revenue of the utilities assessed for the preceding calendar year. (iv) Payment of the supplemental fee is due within 30 days after receipt of the assessment. (v) The utility may, within 10 days after receipt of assessment, request a hearing before the Public Service Commission if it questions the need for, or the reasonableness of, the supplemental fee. (e) (i) Any supplemental fee collected to defray the cost of regulation shall be transferred to the state treasurer as a departmental collection. (ii) Supplemental fees are excess collections, credited according to the procedures of Section 63J-1-105. (iii) Charges billed to the Department of Commerce by any other state department, institution, or agency for services rendered in connection with regulation of a utility shall be credited by the state treasurer from the special or supplemental fees collected to the appropriations account of the entity providing that service according to the procedures provided in Title 63J, Chapter 1, Budgetary Procedures Act. (7) (a) For purposes of this section, "electrical cooperative" means: (i) a distribution electrical cooperative; or (ii) a wholesale electrical cooperative. (b) Subject to Subsection (7)(c), if the regulation of one or more electrical cooperatives causes unanticipated costs of regulation in a fiscal year, the commission may impose a supplemental fee on the one or more electrical cooperatives in this state responsible for the increased cost of regulation. (c) The aggregate of all fees imposed under this section on an electrical cooperative in a calendar year shall not exceed the greater of: (i) .3% of the electrical cooperative's gross operating revenues for the preceding calendar year; or (ii) $50.
Utah Code § 54-8c-3 — Utah Code / Title 54 / Chapter 54-8c / § 54-8c-3
§ 54-8c-3. Information filed with county clerk.
Status: in_force

(1) A public utility shall file with the county clerk of each county in which it has high voltage overhead lines a list containing: (a) the name of the public utility owning the high voltage overhead lines; (b) the name of any municipality, city, or town where the public utility operates high voltage overhead lines; and (c) the name, title, and address of its representative designated to receive calls for activity close to its high voltage overhead lines. (2) In counties where an association provided in Section 54-8c-6 is established, the telephone number of the association shall be filed with the county clerk on behalf of all participating public utilities.
Utah Code § 54-17-502 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-502
§ 54-17-502. Clean energy source -- Solicitation -- Consultant.
Status: in_force

(1) Sections 54-17-102 through 54-17-404 do not apply to a significant energy resource that is a clean energy source as defined in Section 54-17-601 if the nameplate capacity of the clean energy source does not exceed 300 megawatts or, if applicable, the quantity of capacity that is the subject of a contract for the purchase of electricity from a clean energy source does not exceed 300 megawatts. (2) (a) (i) An affected electrical utility shall issue a public solicitation of bids for a clean energy source up to 300 megawatts in size by January 31 of each year in which it reasonably anticipates that it will need to acquire or commence construction of a clean energy resource. (ii) A solicitation for a clean energy source issued by January 31, 2008 for up to 99 megawatts satisfies the requirement of this Subsection (2) for the year 2008 if: (A) not later than 30 days after the day on which this section takes effect, the affected electrical utility amends the solicitation or initiates a new solicitation to seek bids for clean energy source projects up to 300 megawatts in size; and (B) within 60 days after the day on which this section takes effect and as soon as practicable, the commission retains a consultant in accordance with Subsection (3). (b) A consultant hired under Subsection (2)(a)(ii)(B) shall perform the consultant's duties under Subsection (3) in relation to the status of the solicitation process at the time the consultant is retained and may not unreasonably delay the solicitation process. (c) For a solicitation issued after January 31, 2008: (i) the affected electrical utility shall develop a reasonable process for pre-approval of bidders; and (ii) in addition to publicly issuing the solicitation in Subsection (2)(a)(i), the affected electrical utility shall send copies of the solicitation to each potential bidder who is pre-approved. (d) The affected electrical utility shall evaluate in good faith each bid that is received and negotiate in good faith with each bidder whose bid appears to be cost effective, as defined in Section 54-17-602. (e) Beginning on August 1, 2008, and on each August 1 thereafter, the affected electrical utility shall file a notice with the commission indicating whether it reasonably anticipates that it will need to acquire or commence construction of a clean energy resource during the following year. (3) (a) If the commission receives a notice under Subsection (2)(e) that the affected electrical utility reasonably anticipates that it will need to acquire or commence construction of a clean energy source during the following year, the commission shall promptly retain a consultant to: (i) validate that the affected electrical utility is following the bidder pre-approval process developed pursuant to Subsection (2)(c) and make recommendations for changes to the pre-approval process for future solicitations; (ii) monitor and document all material aspects of the bids, bid evaluations, and bid negotiations between the affected electrical utility and any bidders in the solicitation process; (iii) maintain adequate documentation of each bid, including the solicitation, evaluation, and negotiation processes and the reason for the conclusion of negotiations, which documentation shall be transmitted to the commission at the conclusion of all negotiations in the solicitation; and (iv) be available to testify under oath before the commission in any relevant proceeding concerning all aspects of the public solicitation process. (b) The commission and the consultant shall use all reasonable efforts to not delay the solicitation process. (4) Documentation provided to the commission by the consultant shall be available to the affected electrical utility, any bidder, or other interested person under terms and conditions and at times determined appropriate by the commission. (5) (a) The commission and the consultant shall execute a contract approved by the commission with terms and conditions approved by the commission. (b) Unless otherwise provided by contract, an invoice for the consultant's services shall be sent to the Division of Public Utilities for review and approval. (c) After approval under Subsection (5)(b), the invoice shall be forwarded to the affected electrical utility for payment to the consultant. (d) The affected electrical utility may, in a general rate case or other appropriate commission proceeding, include, and the commission shall allow, recovery by the affected electrical utility of any amount paid by the affected electrical utility for the consultant. (6) (a) Nothing in this section precludes an affected electrical utility from constructing or acquiring any clean energy source project outside the solicitation process provided for in this section, including purchasing electricity from any clean energy source project that chooses to self-certify as a qualifying facility under the federal Public Utility Regulatory Policies Act of 1978. (b) An affected electrical utility that constructs a clean energy source outside the solicitation process of this section or Section 54-17-201 shall file a notice with the commission at least 60 days before the date of commencement of construction, indicating the size and location of the clean energy source. (c) The date of commencement of construction under Subsection (6)(b) is the date of any directive from an affected electrical utility to the person responsible for the construction of the clean energy source authorizing or directing the person to proceed with construction. (d) For an affected electrical utility whose rates are regulated by the commission, the utility has the burden of proving in a rate case or other appropriate commission proceeding the prudence, reasonableness, and cost-effectiveness of construction under this Subsection (6), including the method used to evaluate the risks and value of any bid submitted in the solicitation under this section. (7) Nothing in this section requires an affected electrical utility to enter into any transaction that it reasonably believes is not cost effective or otherwise is not in the public interest.
Utah Code § 54-13-3 — Utah Code / Title 54 / Chapter 54-13 / § 54-13-3
§ 54-13-3. Rules.
Status: in_force

The commission shall adopt and enforce rules pursuant to Section 54-13-2 including rules which: (1) incorporate the safety standards established under the federal Natural Gas Pipeline Safety Act that are applicable to intrastate pipeline transportation; and (2) require persons engaged in intrastate pipeline transportation to: (a) maintain records and to submit reports and information to the commission to enable the commission to determine whether the person is acting in compliance with this chapter or rules adopted under this chapter; and (b) maintain a plan for inspection and maintenance of each pipeline facility that is available to the commission upon commission request.
Utah Code § 54-17-908 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-908
§ 54-17-908. Acquisition of clean energy resources.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules outlining a competitive solicitation process for the acquisition of clean assets acquired by the qualified utility for purposes of this act. (2) The solicitation rules shall include the following provisions: (a) solar photovoltaic or thermal solar energy facilities may be acquired under the provisions of Section 54-17-807; (b) clean energy resources developed under this part shall be constructed or acquired subject to an option by the qualified utility to own the clean energy resource so long as including the option in a solicitation is in the interest of participating customers and other customers of the qualified utility; and (c) any other requirement determined by the commission to be in the public interest. (3) Upon completion of a solicitation under this section and the rules adopted by the commission to implement this section, the commission may approve cost recovery for a clean energy resource for the community clean energy program if approval of the clean energy resource: (a) complies with the provisions of this part; (b) does not result in shifting of costs or benefits to other customers of the qualified utility; and (c) is in the public interest.
Utah Code § 54-7-12 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-12
§ 54-7-12. Rate increase or decrease -- Procedure -- Effective dates -- Electrical or telephone cooperative.
Status: in_force

(1) As used in this section: (a) (i) "Base rates" means those charges included in a public utility's generally applicable rate tariffs, including: (A) a fare; (B) a rate; (C) a rental; (D) a toll; or (E) any other charge generally applicable to a public utility's rate tariffs. (ii) Unless included by a commission order, "base rates" does not include charges included in: (A) a deferred account; (B) a balancing account; (C) a major plant addition surcharge; (D) a major plant addition surcredit; (E) a special contract; or (F) a public utility program offering. (b) (i) "Complete filing" means an application filed by a public utility that substantially complies with minimum filing requirements established by the commission, by rule, for a general rate increase or decrease. (ii) The commission shall within 180 days after March 25, 2009 create and finalize rules concerning the minimum requirements to be met for an application to be considered a complete filing. (c) "General rate decrease" means: (i) any direct decrease to a public utility's base rates; or (ii) any modification of a classification, contract, practice, or rule that decreases a public utility's base rates. (d) "General rate increase" means: (i) any direct increase to a public utility's base rates; or (ii) any modification of a classification, contract, practice, or rule that increases a public utility's base rates. (2) (a) A public utility that files for a general rate increase or general rate decrease shall file a complete filing with the commission setting forth the proposed rate increase or decrease. (b) (i) For purposes of this Subsection (2), a public utility's application for a general rate increase or decrease shall be considered a complete filing unless within 30 days after the day on which the commission receives the public utility's application, the commission issues an order describing information that the public utility must provide for the application to be considered a complete filing. (ii) Subject to Subsection (2)(b)(iii) and within 14 days after the day on which the application is received by the commission, a party or a person may file a motion to challenge whether an application for a general rate increase or decrease is a complete filing. (iii) A party or a person may not file a motion described in Subsection (2)(b)(ii) unless the person or party has first filed a motion to intervene with the commission. (c) If, in accordance with Subsection (2)(b)(i), the commission issues an order that an application is not a complete filing, the commission shall: (i) determine the materiality of an application deficiency; and (ii) (A) if the deficiencies are not material, issue an order that the 240-day period described in Subsection (3)(a) shall continue without delay or be suspended and resume when the public utility files the required information; or (B) if the deficiencies are material, issue an order that the 240-day period described in Subsection (3)(a) shall start over when the public utility files the required information. (d) (i) The commission shall, after reasonable notice, hold a hearing to determine whether the proposed rate increase or decrease, or some other rate increase or decrease, is just and reasonable. (ii) If a rate decrease is proposed by a public utility, the commission may waive a hearing unless it seeks to suspend, alter, or modify the rate decrease. (e) Except as otherwise provided in Subsection (2)(d), (3), or (4), a proposed rate increase or decrease is not effective until after completion of the hearing and issuance of a final order by the commission concerning the proposed increase or decrease. (3) (a) Within 240 days after a public utility submits a complete filing, the commission shall issue a final order to: (i) grant the proposed general rate increase or decrease; (ii) grant a different general rate increase or decrease; or (iii) deny the proposed general rate increase or decrease. (b) If the commission does not issue a final written order within 240 days after the public utility submits a complete filing in accordance with Subsection (3)(a): (i) the public utility's proposed rate increase or decrease is final; and (ii) the commission may not order a refund of any amount already collected or returned by the public utility under Subsection (3)(a). (4) (a) (i) A request for interim rates shall be made within 90 days after the day on which a public utility files a complete filing for a general rate increase or a general rate decrease. (ii) The commission, on its own initiative or in response to an application by a public utility or other party, may, after a hearing, allow any rate increase or decrease proposed by a public utility, or a reasonable part of the rate increase or decrease, to take effect on an interim basis within 45 days after the day on which the request is filed, subject to the commission's right to order a refund or surcharge. (iii) The evidence presented in the hearing held pursuant to this Subsection (4) need not encompass all issues that may be considered in a rate case hearing held pursuant to Subsection (2)(d), but shall establish an adequate prima facie showing that the interim rate increase or decrease is justified. (b) The commission may, after a hearing, issue a final order before the expiration of 240 days after the day on which the public utility files a complete filing establishing the utility's revenue requirement and fixing the utility's allowable rates before the commission determines the final allocation of the increase or decrease among categories of customers and classes of service. (c) (i) If the commission in the commission's final order on a public utility's revenue requirement finds that the interim increase ordered under Subsection (4)(a)(ii) exceeds the increase finally ordered, the commission shall order the public utility to refund the excess to customers. (ii) If the commission in the commission's final order on a public utility's revenue requirement finds that the interim decrease ordered under Subsection (4)(a)(ii) exceeds the decrease finally ordered, the commission shall order a surcharge to customers to recover the excess decrease. (5) (a) Notwithstanding any other provisions of this title, any schedule, classification, practice, or rule filed by a public utility with the commission that does not result in any rate increase shall take effect 30 days after the date of filing or within any lesser time the commission may grant, subject to its authority after a hearing to suspend, alter, or modify that schedule, classification, practice, or rule. (b) When the commission suspends a schedule, classification, practice, or rule, the commission shall hold a hearing on the schedule, classification, practice, or rule before issuing its final order. (c) For purposes of this Subsection (5), any schedule, classification, practice, or rule that introduces a service or product not previously offered may not result in a rate increase. (6) Notwithstanding any other provision of this title, whenever a public utility files with the commission any schedule, classification, practice, or rule that does not result in an increase in any rate, fare, toll, rental, or charge, the schedule, classification, practice, or rule shall take effect 30 days after the date of filing or at any earlier time the commission may grant, subject to the authority of the commission, after a hearing, to suspend, alter, or modify the schedule, classification, practice, or rule. (7) This section does not apply to any rate changes of an electrical or telephone cooperative that meets all of the requirements of this Subsection (7). (a) (i) The cooperative is organized for the purpose of either distributing electricity or providing telecommunication services to its members and the public at cost. (ii) "At cost" includes interest costs and a reasonable rate of return as determined by the cooperative's board of directors. (b) The cooperative's board of directors and any appropriate agency of the federal government have approved the rate increase or other rate change and all necessary tariff revisions reflecting the increased rate or rate change. (c) Before implementing any rate increases, the cooperative has held a public meeting for all its customers and members. The cooperative shall mail a notice of the meeting to all of the cooperative's customers and members not less than 10 days prior to the date that the meeting is held. (d) The cooperative has filed its tariff revisions reflecting the rate increase or other rate change with the commission, who shall make the tariffs available for public inspection. (8) Notwithstanding Subsections (2) and (4), the procedures for implementing a proposed rate increase by a telephone corporation having less than 30,000 subscriber access lines in the state are provided in this Subsection (8). (a) (i) The proposed rate increase by a telephone corporation subject to this Subsection (8) may become effective on the day the telephone corporation files with the commission the proposed tariff revisions and necessary information to support a determination by the commission that the proposed rate increase is just and reasonable. (ii) The telephone corporation shall notify the commission and all potentially affected access line subscribers of the proposed rate increase 30 days before filing the proposed rate increase or change. (b) (i) The commission may investigate whether the proposed rate increase is just and reasonable. (ii) If the commission determines, after notice and hearing, that the rate increase is unjust or unreasonable in whole or in part, the commission may establish the rates, charges, or classifications that the commission finds to be just and reasonable. (c) The commission shall investigate and hold a hearing to determine whether any proposed rate increase is just and reasonable if 10% or more of the telephone corporation's potentially affected access line subscribers file a request for agency action requesting an investigation and hearing. (9) For a rebate received by an end-use customer under a demand side management program of a large-scale natural gas utility's approved schedule, the commission shall allow the end-use customer to continue receiving the rebate for up to one calendar year if: (a) the end-use customer: (i) is currently participating in the demand side management program; and (ii) has completed new construction within the previous 12 months; and (b) the schedule under which the rebate was created is modified due to a change in: (i) standards adopted under Title 15A, State Construction and Fire Codes Act; or (ii) 10 C.F.R. Chapter 2, Chapter 3, and Chapter 5.
Utah Code § 54-4-23 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-23
§ 54-4-23. Accounts and records of utilities.
Status: in_force

The commission shall have power to establish a system of accounts to be kept by public utilities subject to its jurisdiction, to classify said public utilities and to establish a system of accounts for each class and to prescribe the manner in which such accounts shall be kept. It may also, in its discretion prescribe the forms of accounts, records and memoranda to be kept by such public utilities, including accounts, records and memoranda of the movement of traffic as well as of the receipts and expenditures of money, and any other forms, records and memoranda which in the judgment of the commission may be necessary to carry out any of the provisions of this title. The system of accounts established by the commission and the forms of accounts, records and memoranda prescribed by it shall not be inconsistent, in the case of corporations subject to the provisions of the Act of Congress entitled, "An Act to Regulate Commerce," approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, with the system and forms from time to time established for such corporations by the Interstate Commerce Commission; but nothing herein contained shall affect the power of the commission to prescribe forms of accounts, records and memoranda covering information in addition to that required by the Interstate Commerce Commission. The commission may, after hearing had upon its own motion or upon complaint, prescribe by order the accounts in which particular outlays and receipts shall be entered, charged or credited. When the commission shall have prescribed the forms of accounts, records or memoranda to be kept by any public utility corporation for any of its business it shall thereafter be unlawful for such public utility to keep any accounts, records or memoranda for such business other than those so prescribed or those prescribed by or under the authority of any other state or of the United States, excepting such accounts, records or other memoranda as shall be explanatory of and supplemental to the accounts, records or memoranda prescribed by the commission.
Utah Code § 54-18-102 — Utah Code / Title 54 / Chapter 54-18 / § 54-18-102
§ 54-18-102. Definitions.
Status: in_force

As used in this chapter: (1) "Affected entity" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (2) "Affected landowner" means an owner of a property interest, as reflected in the most recent county or city tax records as receiving a property tax notice, whose property is located within a proposed corridor. (3) (a) "Construction" means the excavation, construction, and installation of a high voltage electric power line or upgraded high voltage transmission line. (b) "Construction" does not include: (i) the temporary use of sites; or (ii) studies and tests for: (A) requirements of this chapter; (B) state regulations; (C) federal regulations; (D) securing geological and survey data; or (E) any other actions taken by a public utility reasonably necessary to determine the location of a target study area or proposed corridor. (4) "High voltage power line" means: (a) an electrical high voltage power line with a nominal voltage of 230 kilovolts or more; and (b) an upgraded high voltage power line. (5) "Land use application" has the same meaning as provided in Sections 10-20-102 and 17-79-102. (6) "Land use authority" has the same meaning as provided in Sections 10-20-102 and 17-79-102. (7) "Land use permit" has the same meaning as Sections 10-20-102 and 17-79-102. (8) "Legislative body" has the same meaning as provided in Sections 10-20-102 and 17-79-102. (9) "Proposed corridor" means the transmission line route within a target study area selected by the public utility as the public utility's proposed alignment for a high voltage power line. (10) "Proposed route" means the right-of-way needed for construction of the high voltage power line. (11) "Public utility" has the same meaning as provided in Section 54-2-1. (12) "Target study area" means the geographic area for a new high voltage transmission line or an upgraded high voltage power line as proposed by a public utility. (13) "Upgraded high voltage power line" means increasing the voltage of an existing transmission line to 230 kilovolts or more.
Utah Code § 54-4-1.1 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-1.1
§ 54-4-1.1. Wholesale electrical cooperative exempt from rate regulation -- Requirements for rate increase.
Status: in_force

The commission does not have the authority under the provisions of this title to regulate, fix, or otherwise approve or establish the rates, fares, tolls, or charges of a wholesale electrical cooperative. A wholesale electrical cooperative shall not vary its charges within any type or classification of service to any member or the public, one from the other, or from schedules of rates, fares, tolls, or charges which schedules shall be filed at least annually with the Division of Public Utilities for informational purposes only. The prohibition of this section applies only to the rates, fares, tolls, or charges and does not exempt wholesale electrical cooperatives from other areas of regulation under this title including, but not limited to, regulation having an indirect effect on rates, fares, tolls, or charges but which does not constitute an approval or establishment of them.A wholesale electrical cooperative must, prior to the implementation of any rate increase after January 1, 1984, hold a public meeting for all its customers and members. Notice must be mailed at least 10 days prior to the meeting. In addition, any schedule of new rates or other change that results in new rates must be approved by the board of directors of the wholesale electrical cooperative.
Utah Code § 54-18-302 — Utah Code / Title 54 / Chapter 54-18 / § 54-18-302
§ 54-18-302. Public workshops.
Status: in_force

After a public utility files the notice of intent in accordance with Subsection 54-18-301(3) and before it files a land use application, the public utility shall: (1) conduct informal public workshops at locations along the proposed corridor to provide information about: (a) the high voltage power line; and (b) the process for obtaining a land use permit; and (2) provide notice of the public workshops at least 14 days before a public workshop to: (a) a newspaper of general circulation in the target study area; (b) radio stations in the target study area; and (c) an affected entity.
Utah Code § 54-8-3 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-3
§ 54-8-3. Definitions.
Status: in_force

As used in this chapter: (1) "Assessment" means for the purpose of taxation wherever appropriate. (2) "Communication service" means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. (3) "Convert" or "conversion" means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. (4) (a) "Electric or communication facilities" means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. (b) "Electric facilities" does not include: (i) in a city of the first class or a county of the first class, any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 138,000 volts; or (ii) in any location not described in Subsection (4)(b)(i), any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 35,000 volts. (5) "Electric service" means the distribution of electricity by an electrical corporation for heat, cooling, light or power. (6) "Governing body" means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. (7) "Overhead electric or communication facilities" means electric or communication facilities located, in whole or in part, above the surface of the ground. (8) "Point of delivery" means: (a) a meter, for electric facilities; or (b) a network interface device, for communication facilities. (9) "Public utility" means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities. (10) "Resolution" means ordinance when the governing body properly acts by ordinance rather than by resolution. (11) "Service entrance equipment" means facilities on the property owner's side of the point of delivery that are necessary to accommodate service from a public utility. (12) "Underground electric or communication facilities" means electric or communication facilities located, in whole or in part, beneath the surface of the ground.
Utah Code § 54-8a-12 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-12
§ 54-8a-12. Enforcement -- Attorney general.
Status: in_force

(1) (a) (i) The attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enforce this chapter. (ii) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the attorney general shall bring the action described in Subsection (1)(a)(i) in the county in which the excavation is located if the attorney general brings the action in the district court. (b) The right of any person to bring a civil action for damage arising from an excavator's or operator's actions or conduct relating to underground facilities is not affected by: (i) a proceeding commenced by the attorney general under this chapter; or (ii) the imposition of a civil penalty under this chapter. (c) If the attorney general does not bring an action under Subsection (1)(a), the operator or excavator may pursue any remedy, including a civil penalty. (2) Any civil penalty imposed and collected under this chapter shall be deposited into the General Fund.
Utah Code § 54-21-210 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-210
§ 54-21-210. Damage and repair.
Status: in_force

(1) If a wireless provider's activity causes damage to a right-of-way, the wireless provider shall repair the right-of-way to substantially the same condition as before the damage. (2) If a wireless provider fails to make a repair required by an authority under Subsection (1) within a reasonable time after written notice, the authority may: (a) make the required repair; and (b) charge the wireless provider the reasonable, documented, actual cost for the repair. (3) If the damage described in Subsection (1) causes an urgent safety hazard, an authority may: (a) immediately make the necessary repair; and (b) charge the wireless provider the reasonable, documented, actual cost for the repair.
Utah Code § 54-4-41 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-41
§ 54-4-41. Recovery of investment in utility-owned vehicle charging infrastructure.
Status: in_force

(1) As used in this section, "charging infrastructure program" means the program described in Subsection (2). (2) The commission shall authorize a large-scale electric utility program that: (a) allows for funding from large-scale electric utility customers for a maximum of $50,000,000 for all costs and expenses associated with: (i) the deployment of utility-owned vehicle charging infrastructure; and (ii) utility vehicle charging service provided by the large-scale electric utility; (b) creates a new customer class, with a utility vehicle charging service rate structure that: (i) is determined by the commission to be in the public interest; (ii) is a transitional rate structure expected to allow the large-scale electric utility to recover, through charges to utility vehicle charging service customers, the large-scale electric utility's full cost of service for utility-owned vehicle charging infrastructure and utility vehicle charging service over a reasonable time frame determined by the commission; and (iii) may allow different rates for large-scale electric utility customers to reflect contributions to investment; and (c) includes a transportation plan that promotes: (i) the deployment of utility-owned vehicle charging infrastructure in the public interest; and (ii) the availability of utility vehicle charging service. (3) Before submitting a proposed charging infrastructure program to the commission for commission approval under Subsection (2), a large-scale electric utility shall seek and consider input from: (a) the Division of Public Utilities, established in Section 54-4a-1; (b) the Office of Consumer Services, created in Section 54-10a-201; (c) the Division of Air Quality, created in Section 19-1-105; (d) the Department of Transportation, created in Section 72-1-201; (e) the Governor's Office of Economic Development, created in Section 63N-1a-301; (f) the Office of Energy Development, created in Section 79-6-401; (g) the board of the Utah Inland Port Authority, created in Section 11-58-201; (h) representatives of the Point of the Mountain State Land Development Authority, created in Section 11-59-201; (i) third-party electric vehicle battery charging service operators; and (j) any other person who files a request for notice with the commission. (4) The commission shall find a charging infrastructure program to be in the public interest if the commission finds that the charging infrastructure program: (a) increases the availability of electric vehicle battery charging service in the state; (b) enables the significant deployment of infrastructure that supports electric vehicle battery charging service and utility-owned vehicle charging infrastructure in a manner reasonably expected to increase electric vehicle adoption; (c) includes an evaluation of investments in the areas of the authority jurisdictional land, as defined in Section 11-58-102, and the point of the mountain state land, as defined in Section 11-59-102; (d) enables competition, innovation, and customer choice in electric vehicle battery charging services, while promoting low-cost services for electric vehicle battery charging customers; and (e) provides for ongoing coordination with the Department of Transportation, created in Section 72-1-201. (5) The commission may, consistent with Subsection (2), approve an amendment to the charging infrastructure program if the large-scale electric utility demonstrates that the amendment: (a) is prudent; (b) will provide net benefits to customers; and (c) is otherwise consistent with the requirements of Subsection (2). (6) The commission shall authorize recovery of a large-scale electric utility's investment in utility-owned vehicle charging infrastructure through a balancing account or other ratemaking treatment that reflects: (a) charging infrastructure program costs associated with prudent investment, including the large-scale electric utility's pre-tax average weighted cost of capital approved by the commission in the large-scale electric utility's most recent general rate proceeding, and associated revenue and prudently incurred expenses; and (b) a carrying charge. (7) A large-scale electric utility's investment in utility-owned vehicle charging infrastructure is prudently made if the large-scale electric utility demonstrates in a formal adjudicative proceeding before the commission that the investment can reasonably be anticipated to: (a) result in one or more projects that are in the public interest of the large-scale electric utility's customers to reduce transportation sector emissions over a reasonable time period as determined by the commission; (b) provide the large-scale electric utility's customers significant benefits that may include revenue from utility vehicle charging service that offsets the large-scale electric utility's costs and expenses; and (c) facilitate any other measure that the commission determines: (i) promotes deployment of utility-owned vehicle charging infrastructure and utility vehicle charging service; or (ii) creates significant benefits in the long term for customers of the large-scale electric utility. (8) A large-scale electric utility that establishes and implements a charging infrastructure program shall annually, on or before June 1, submit a written report to the Public Utilities, Energy, and Technology Interim Committee about the charging infrastructure program's activities during the previous calendar year, including information on: (a) the charging infrastructure program's status, operation, funding, and benefits; (b) the disposition of charging infrastructure program funds; and (c) the charging infrastructure program's impact on rates.
Utah Code § 54-7-19 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-19
§ 54-7-19. Valuation of utilities -- Procedure -- Findings conclusive evidence.
Status: in_force

(1) (a) In determining the value, or revaluing the property of a public utility as required by Section 54-4-21, the commission may hold hearings. (b) The commission may make a preliminary examination or investigation into the matters designated in this section and in Section 54-4-21 and may inquire into those matters in any other investigation or hearing. (c) The commission may seek any available sources of information. (d) (i) The evidence introduced at the hearing shall be reduced to writing and certified under the seal of the commission. (ii) The findings of the commission, when properly certified under the seal of the commission, are admissible in evidence in any action, proceeding, or hearing before the commission, and before any court as conclusive evidence of the facts as stated. (e) The commission's findings of facts can be controverted in a subsequent proceeding only by showing a subsequent change in conditions bearing upon the facts. (2) (a) The commission may hold further hearings and investigations to make revaluations or to determine the value of any betterments, improvements, additions, or extensions made by any public utility. (b) The commission may examine all matters that may change, modify, or affect any finding of fact previously made, and may make additional findings of fact to supplement findings of fact previously made.
Utah Code § 54-21-501 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-501
§ 54-21-501. Applicability.
Status: in_force

This part governs an authority's rates and fees for the placement in a right-of-way of: (1) a small wireless facility; or (2) a utility pole associated with a small wireless facility.
Utah Code § 54-17-403 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-403
§ 54-17-403. Cost recovery.
Status: in_force

(1) (a) Except as otherwise provided in this section, and excluding cost recovery for costs associated with proven dispatchable generation resources, which is governed by Section 54-17-1002, if the commission approves any portion of an energy utility's resource decision under Section 54-17-402, the commission shall, in a general rate case or other appropriate commission proceeding, include in the energy utility's retail rates the state's share of costs: (i) relevant to that proceeding; (ii) incurred by the energy utility in implementing the approved resource decision; and (iii) up to the projected costs specified in the commission's order issued under Section 54-17-402. (b) Except to the extent that the commission issues an order under Section 54-17-404, any increase from the projected costs specified in the commission's order issued under Section 54-17-402 shall be subject to review by the commission as part of a rate hearing under Section 54-7-12. (c) If the commission approves a request for approval of rural gas infrastructure development under Section 54-17-402, the commission may approve the inclusion of rural gas infrastructure development costs within the gas corporation's base rates if: (i) the inclusion of those costs will not increase the base distribution non-gas revenue requirement by more than 2% in any three-year period; (ii) the distribution non-gas revenue requirement increase related to the infrastructure development costs under Subsection (1)(c)(i) does not exceed 5% in the aggregate; and (iii) the applicable distribution non-gas revenue requirement is the annual revenue requirement determined in the gas corporation's most recent rate case. (2) (a) Subsequent to the commission issuing an order described in Subsection (2)(a)(i) or (ii), the commission may disallow some or all costs incurred in connection with an approved resource decision if the commission finds that an energy utility's actions in implementing an approved resource decision are not prudent because of new information or changed circumstances that occur after: (i) the commission approves the resource decision under Section 54-17-402; or (ii) the commission issues an order to proceed under Section 54-17-404. (b) In making a determination of prudence under Subsection (2)(a), the commission shall use the standards identified in Section 54-4-4. (3) Notwithstanding any other provision of this chapter, the commission may disallow some or all of the costs incurred by an energy utility in connection with an approved resource decision upon a finding by the commission that the energy utility is responsible for a material misrepresentation or concealment in connection with an approval process under this chapter.
Utah Code § 54-19-103 — Utah Code / Title 54 / Chapter 54-19 / § 54-19-103
§ 54-19-103. Authority over Internet protocol-enabled services and voice over Internet protocol services.
Status: in_force

(1) A state agency and political subdivision of the state may not, directly or indirectly, regulate Internet protocol-enabled service or voice over Internet protocol service. (2) The regulatory prohibition in Subsection (1) does not: (a) affect or limit the enforcement of criminal or civil laws, including consumer protection and unfair or deceptive trade practice laws, that apply to the conduct of business; (b) affect, limit, or prohibit the current or future assessment of: (i) a tax; (ii) a 911 fee; (iii) a universal service fund fee; (iv) a telecommunication relay fee; or (v) a public utility regulatory fee; (c) affect or modify: (i) a right or obligation of any telecommunications carrier under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252; (ii) any commission obligation to implement or enforce federal law; (iii) a duty or power of the commission, under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252, including arbitration and enforcement of an interconnection agreement; (iv) any obligation for the provision of video service by any person; or (v) the application of Section 54-8b-2.1; or (d) affect the authority of the state or a political subdivision of the state to manage the use of a public right of way, including any requirement for the joint use of utility poles or other structures in the right of way.
Utah Code § 54-24-202 — Utah Code / Title 54 / Chapter 54-24 / § 54-24-202
§ 54-24-202. Cost recovery for wildland fire protection plan implementation.
Status: in_force

(1) A qualified utility shall recover in rates all prudently incurred investments and expenditures, including the costs of capital, made to implement an approved wildland fire protection plan. (2) A qualified utility shall file an annual report to the commission identifying the actual capital investments and expenses made in the prior calendar year and a forecast of the capital investments and expenses for the present year to implement a wildland fire protection plan approved by the commission under Section 54-24-201. (3) The commission shall authorize the deferral and collection of the incremental revenue requirement for the capital investments and expenses: (a) to implement an approved wildland fire protection plan; and (b) not included in base rates.
Utah Code § 54-3-19 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-19
§ 54-3-19. Long and short distance service -- Through and intermediate rates.
Status: in_force

(1) A telephone or telegraph corporation may not charge or receive any greater compensation, in the aggregate, for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction within this state, the shorter being included within the longer distance; or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls; but this shall not be construed as authorizing any telephone or telegraph corporation to charge or receive as great a compensation for a shorter as for a longer distance. (2) Upon application to the commission any telegraph or telephone corporation may in special cases, after investigation, be authorized by the commission to charge less for a longer than for a shorter distance service for the transmission of messages or conversations, and the commission may from time to time prescribe the extent to which the telegraph or telephone corporation may be relieved from the operation and requirements of this section.
Utah Code § 54-17-102 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-102
§ 54-17-102. Definitions.
Status: in_force

As used in this chapter: (1) "Affected electrical utility" means an electrical corporation with at least 200,000 retail customers in the state. (2) "Benchmark option" means an energy resource against which bids in an open bid process may be evaluated that: (a) could be constructed or owned by: (i) an affected electrical utility; or (ii) an affiliate of an affected electrical utility; or (b) may be a purchase of: (i) electricity; (ii) electric generating capacity; or (iii) electricity and electric generating capacity. (3) "Dispatchability" means the extent to which an energy resource is dispatchable. (4) "Dispatchable" means available for use on demand and generally available to be delivered at a time and quantity of the operator's choosing. (5) "Integrated resource plan" means a plan that contains: (a) the demand and energy forecast by the affected electrical utility for at least a ten-year period; (b) the affected electrical utility's options for meeting the requirements shown in the affected electrical utility's load and resource forecast in an economic and reliable manner, including: (i) demand-side and supply-side options; and (ii) a brief description and summary cost-benefit analysis, if available, of each option that was considered; (c) the affected electrical utility's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service; (d) a description of the external environmental and economic consequences of the plan to the extent practicable; and (e) any other data and analyses as the commission may require. (6) "Intermittent resource" means an energy resource that relies on a variable fuel source that interrupts energy generation, resulting in periods of non-production or reduced production. (7) "Proven dispatchable generation resource" means a significant energy resource that has demonstrated the capability to provide dispatchable energy. (8) (a) "Risk" means the probability that an energy resource will produce negative consequences that outweigh anticipated positive results and undermine the public interest. (b) "Risk" includes the probability that: (i) overreliance on intermittent resources will create instability or inadequacy in meeting electricity demand; (ii) the energy resource will be unable to provide a consistent and resilient supply of electricity to consumers; and (iii) electricity costs will become unsustainable for consumers. (9) "Significant energy resource" for an affected electrical utility means a resource that consists of: (a) a total of 100 megawatts or more of new generating capacity that has a dependable life of 10 or more years; (b) a purchase of the following if the contract is for a term of 10 or more years and not less than 100 megawatts: (i) electricity; (ii) electric generating capacity; or (iii) electricity and electrical generating capacity; (c) the purchase or lease by an affected electrical utility from an affiliated company of: (i) a generating facility; (ii) electricity; (iii) electrical generating capacity; or (iv) electricity and electrical generating capacity; (d) a contract with an option for the affected electrical utility or an affiliate to purchase a resource that consists of not less than 100 megawatts or more of new generating capacity that has a remaining dependable life of 10 or more years; or (e) a type of resource designated by the commission as a significant energy resource in rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, after considering the affected electrical utility's integrated resource plan and action plan. (10) "Solicitation" means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource.
Utah Code § 54-26-302 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-302
§ 54-26-302. Commission review -- Approval of contracts.
Status: in_force

(1) A qualified electric utility or a large-scale generation provider shall file an application with the commission for approval of a large load contract that includes: (a) a copy of the large load contract for which the applicant seeks review and approval; and (b) evidence sufficient to demonstrate compliance with Subsection (2)(b). (2) The commission shall approve a large load contract submitted under Subsection (1) if the commission finds by a preponderance of the evidence that: (a) the contract complies with the requirements of this chapter; (b) the large load customer bears all just and reasonable incremental costs attributable to receiving the requested electric service; and (c) existing ratepayers do not bear costs justly and reasonably attributable to providing electric service for the large load customer. (3) Commission review of a large load contract: (a) is limited to the requirements described in Subsection (2); and (b) does not include review of other contract terms. (4) The commission shall approve or disapprove an application submitted under this section within 60 days after the day on which a person files the application. (5) The commission may establish rules to expedite the review of applications for approval of a large load contract under this chapter.
Utah Code § 54-10a-301 — Utah Code / Title 54 / Chapter 54-10a / § 54-10a-301
§ 54-10a-301. Powers and duties of office.
Status: in_force

(1) The office shall: (a) assess the impact of utility rate changes and other regulatory actions related to an applicable public utility on: (i) residential consumers; and (ii) small commercial consumers; (b) assist a residential consumer or a small commercial consumer in appearing before the commission; and (c) through its director, advocate, on the office's own behalf and in its own name, a position most advantageous to: (i) residential consumers; and (ii) small commercial consumers. (2) (a) The director may bring an original action in the name of the office before: (i) the commission; or (ii) a court having appellate jurisdiction over an order or decision of the commission. (b) The director on behalf of the office may: (i) commence an original proceeding, file a complaint, appear as a party, appeal, or otherwise represent residential consumers or small commercial consumers in a matter or a proceeding involving regulation of an applicable public utility pending before one or more of the following of the federal government: (A) an officer, department, board, agency, commission, or governmental authority; or (B) a court; or (ii) intervene in, protest, resist, or advocate the granting, denial, or modification of a petition, application, complaint, or other proceeding, decision, or order of a governmental authority of the federal government.
Utah Code § 54-8c-5 — Utah Code / Title 54 / Chapter 54-8c / § 54-8c-5
§ 54-8c-5. Exemptions.
Status: in_force

This chapter does not apply to construction, reconstruction, operation, or maintenance by an authorized person of: (1) overhead electrical, cable television, or communications circuits or conductors and their supporting structures; (2) electrical generating, transmission, or distribution systems; or (3) communications, cable television, or overhead lighting systems.
Utah Code § 54-15-103 — Utah Code / Title 54 / Chapter 54-15 / § 54-15-103
§ 54-15-103. Net metering program -- Metering equipment -- Interconnection agreement.
Status: in_force

(1) Each electrical corporation shall: (a) except as provided in Subsection (2), make a net metering program available to the electrical corporation's customers; and (b) allow customer generation systems to be interconnected to the electrical corporation's facilities using, except as provided in Subsection (4), a kilowatt-hour meter capable of net metering. (2) An electrical corporation may discontinue making a net metering program available to customers not already participating in the program if: (a) the cumulative generating capacity of customer generation systems in the program equals at least .1% of the electrical corporation's peak demand during 2007; or (b) the electrical corporation serves fewer than 1,000 customers in the state. (3) (a) Notwithstanding Subsection (2)(a), the governing authority may establish a higher amount of generating capacity from customer generation systems than .1% of the electrical corporation's peak demand during 2007 before a net metering program may be discontinued under Subsection (2). (b) Before acting under Subsection (3)(a), the governing authority shall provide public notice of its proposed action and an opportunity for public comment. (4) (a) Notwithstanding Subsection (1)(b), an electrical corporation may require a customer participating in the electrical corporation's net metering program to use metering equipment other than a standard kilowatt-hour meter if the governing authority, after appropriate notice and opportunity for public comment: (i) determines that the use of other metering equipment is necessary and appropriate to monitor the flow of electricity from and to the electrical corporation; and (ii) approves the requirement for other metering equipment, after considering the benefits and costs associated with the other metering equipment. (b) If the governing authority approves the requirement for other metering equipment under Subsection (4)(a), the governing authority shall determine how the cost of purchasing and installing the other metering equipment is to be allocated between the electrical corporation and the customer. (5) An electrical corporation may require a customer to enter into an interconnection agreement before connecting the customer generation system to the electrical corporation's facilities.
Utah Code § 54-13-4 — Utah Code / Title 54 / Chapter 54-13 / § 54-13-4
§ 54-13-4. Inspection and examination of records and properties.
Status: in_force

Officers, employees, or agents authorized by the commission, upon presenting appropriate credentials to the person in charge, may inspect and examine, at reasonable times and in a reasonable manner, the records and properties of any person engaged in intrastate pipeline transportation to the extent those records and properties are relevant to determining whether the person is acting in compliance with this chapter or rules under this chapter.
Utah Code § 54-8-26 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-26
§ 54-8-26. Notice that service from underground facilities is available -- Consequences of failure to convert overhead facilities.
Status: in_force

(1) (a) If service from the underground public utility is to be made available to all or part of an improvement district area, the governing body of the county or municipality that created the district shall mail a notice to each owner of real property served from existing overhead facilities stating that: (i) conversion of all facilities owned within the improvement district by a public utility from overhead to underground to the point of delivery is proceeding; (ii) the property owner is responsible for the changes in the service entrance equipment located on the property to accommodate the conversion of the applicable public utility's facilities from overhead to underground at the point of delivery; and (iii) each owner shall coordinate with the applicable public utility to make the conversion from overhead to underground service. (b) In addition to improvement district assessments, the property owner shall bear the expense of the conversion from overhead to underground described in Subsections (1)(a)(ii) and (iii). (c) Each conversion of overhead facilities to underground facilities shall comply with all applicable state and local laws, ordinances, rules, and regulations, and with all tariffs of the applicable public utility. (d) The public utility or its contractor shall perform the necessary construction to the point of delivery, unless the public utility authorizes another to perform the construction. (2) (a) Failure to have the property owner's service entrance equipment described in Subsection (1)(a)(ii) converted to accommodate underground service within the time that the governing body specifies in writing shall be considered as the property owner's consent to and grant of a construction easement to the county or municipality and as express authority to the county or municipality to arrange for qualified persons to enter upon the lot or parcel for the purpose of making the required changes. (b) A construction easement under Subsection (2)(a) terminates upon completion of the conversion of overhead facilities to underground. (3) If the county or municipality arranges for the conversion of the service entrance equipment, all county, municipal, and public utility costs and expenses of the conversion, including the engineering, legal, advertising, and incidental expenses, shall be assessed against the property upon which the service entrance equipment was converted and become a lien upon the property served.
Utah Code § 54-8b-18 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-18
§ 54-8b-18. Definitions -- Unauthorized change of telecommunications provider -- Unauthorized charges -- Procedures for verification -- Penalties -- Authority of commission.
Status: in_force

(1) For purposes of this section: (a) "Agents" includes any person, firm, or corporation representing a telecommunications corporation for purposes of requesting a change in a subscriber's telecommunications provider, but does not include a local service provider when executing a request submitted by another service provider or another service provider's agents. (b) "Freeze" means a directive from a subscriber to retain the provider of public telecommunications services selected by the subscriber until the subscriber provides authorization for a change to another provider of public telecommunications services through any means by which a freeze is implemented. (c) "Small commercial subscriber" is a person or entity conducting a business, agriculture, or other enterprise in the state having less than five telecommunications lines. (d) "Subscriber" means a corporation, person, or government, or a person acting legally on behalf of a corporation, person, or government who has purchased public telecommunications services from a telecommunications corporation. (2) No telecommunications corporation or the telecommunications corporation's agents shall make any change or authorize a different telecommunications corporation to make any change in the provider of any public telecommunications service to a subscriber unless it complies, at a minimum, with Subsections (2)(a) through (e). This Subsection (2) does not apply to a telecommunications corporation that effectuates a change in service provider in accordance with a change authorization submitted or requested by another telecommunications corporation. (a) The telecommunications corporation or the telecommunications corporation's agents shall, at a minimum, inform the subscriber of the nature, extent, and rates of the service being offered and any charges associated with the change. (b) Notwithstanding Section 13-26-104, changes in provider of telecommunication service accomplished through telephone solicitation shall comply with the Telephone Fraud Prevention Act, Sections 13-26-101, 13-26-106, 13-26-107, and 13-26-108. (c) For sales of residential service or small commercial subscriber service, the telecommunications corporation or the telecommunications corporation's agents shall confirm that the subscriber is aware of any charges that the subscriber must pay associated with the change and that the subscriber authorizes the change of provider. The subscriber's authorization to change the provider shall be confirmed by any one of the following methods: (i) obtaining the subscriber's written authorization; (ii) having the subscriber's oral authorization verified by an independent third party; or (iii) any means provided by rule of the Federal Communications Commission or the commission. (d) If the subscriber is not an individual, an authorization shall be valid only if given by an authorized representative of the subscriber. (e) (i) The written authorization to change the provider shall be signed by the subscriber and shall contain a clear, conspicuous, and unequivocal request by the subscriber for a change of telecommunications provider. (ii) A written authorization is not valid if it is presented to the subscriber for signature in connection with a sweepstakes, game of chance, or any other means prohibited by commission rule. (iii) Nothing in this section shall be construed to prohibit any person from offering a premium, incentive, or a thing of value to another as consideration for authorizing a change of telecommunications service provider, provided that no element of chance or skill is associated with the offer of the premium, incentive, or thing of value or its receipt. (3) The confirmation by a third-party verifier shall, at a minimum: (a) confirm the subscriber's identity with information unique to the customer, unless the customer refuses to provide identifying information, then that fact shall be noted; (b) confirm that the subscriber agrees to the requested change in telecommunications service providers; and (c) confirm that the subscriber has the authority to select the provider as the provider of that service. (4) A third-party verifier shall meet each of the following criteria: (a) any criteria for third-party verifiers set by the Federal Communications Commission; (b) not be directly or indirectly managed, controlled, directed, or owned wholly or in part: (i) by the telecommunications corporation or the telecommunications corporation's agents that seek to provide the telecommunications service or by any corporation, firm, or person who directly or indirectly manages, controls, directs, or owns more than 5% of the telecommunications corporation; or (ii) by the marketing entity that seeks to market the telecommunications service or by any corporation, firm, or person who directly or indirectly manages, controls, directs, or owns more than 5% of the marketing entity; (c) operate from facilities physically separated from: (i) those of the telecommunications corporation or its agents that seek to provide the subscriber's telecommunications service; or (ii) those of the marketing entity that seeks to market a telecommunications service to the subscriber; and (d) not derive commissions or compensation based upon the number of change authorizations verified. (5) A telecommunications corporation or its agents seeking to verify the change authorization shall connect the subscriber to the third-party verifier or arrange for the third-party verifier to call the subscriber to verify the change authorization. (6) A third-party verifier that obtains the subscriber's oral verification regarding the change shall record that verification by obtaining appropriate verification data. (7) (a) The record verifying a subscriber's change of provider shall be available to the subscriber upon request. (b) Information obtained from the subscriber through verification may not be used for any other purpose. (c) Any intentional unauthorized release of the information in Subsection (7)(b) is grounds for penalties or other action by the commission or remedies provided by law to the aggrieved subscriber against the telecommunications corporation, third-party verifier, their agents, or their employees who are responsible for the violation. (8) The third-party verification shall occur in the same language as that in which the change was solicited. (9) The verification requirements described in this section shall apply to all changes in the provider of any public telecommunications service. (10) The commission may promulgate rules: (a) necessary to implement this section; (b) consistent with any rules promulgated by the Federal Communications Commission; and (c) in a nondiscriminatory and competitively neutral manner. (11) (a) Each subscriber may elect to require the telecommunications corporation providing the subscriber's local exchange service to implement a freeze until the subscriber provides authorization for a change to another provider of public telecommunications services. (b) Once a subscriber has elected the freeze option under Subsection (11)(a), the telecommunications corporation providing the subscriber's local exchange service may not process a request to change the subscriber to another provider of telecommunications services without prior authorization directly from the subscriber. (12) (a) Whenever the subscriber's provider of a telecommunications service changes, the new provider shall: (i) retain a record of the verified change authorization consistent with requirements of the Federal Communications Commission or rules issued by the commission; and (ii) be responsible for providing a conspicuous notice of the change within 30 days of the effective date of the change of service. (b) At a minimum, the notice in Subsection (12)(a)(ii) shall identify the new provider, contain a general description of the service and price, and provide information necessary for the subscriber to have questions answered or to rescind the change. (13) Any bill shall identify each telecommunications service provider of telecommunication service for which billing is rendered. (14) (a) Any person or provider of telecommunications service inadvertently or knowingly designating or changing the subscriber's telecommunications service provider in violation of this section shall refund to the subscriber any amounts required by the rules of the Federal Communications Commission and the commission. (b) The unauthorized provider in Subsection (14)(a) additionally shall: (i) bear all costs of restoring the customer to the service of the subscriber's original service provider; and (ii) pay to any other telecommunications provider any fees set by the commission for the designation or change. (15) Proceedings for violations of this section may be commenced by request for agency action filed with the commission by a subscriber, a telecommunications corporation, the Division of Public Utilities, or by the commission on its own motion. (16) Any telecommunications corporation, its agents, or a third-party verifier who violates this section or rules adopted to implement this section shall be subject to the provisions of Sections 54-7-23 through 54-7-29. (17) The commission is granted authority to enforce provisions relating to an unauthorized telecommunication service provider change in interstate and intrastate telecommunication service involving telecommunications corporations operating in the state.
Utah Code § 54-4-30 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-30
§ 54-4-30. Acquiring properties of like utility only on consent of commission.
Status: in_force

Hereafter no public utility shall acquire by lease, purchase or otherwise the plants, facilities, equipment or properties of any other public utility engaged in the same general line of business in this state, without the consent and approval of the Public Service Commission. Such consent shall be given only after investigation and hearing and finding that said purchase, lease or acquisition of said plants, equipment, facilities and properties will be in the public interest.
Utah Code § 54-3-7 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-7
§ 54-3-7. Charges not to vary from schedules -- Refunds and rebates forbidden -- Exceptions.
Status: in_force

Except as provided in this chapter or Chapter 8b, Public Telecommunications Law, no public utility shall charge, demand, collect or receive a greater or less or different compensation for any product or commodity furnished or to be furnished, or for any service rendered or to be rendered, than the rates, tolls, rentals and charges applicable to such products or commodity or service as specified in its schedules on file and in effect at the time; nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, tolls, rentals and charges so specified; nor extend to any person any form of contract or agreement, or any rule or regulation, or any facility or privilege except such as are regularly and uniformly extended to all corporations and persons; provided, that the commission may, by rule or order, establish such exceptions from the operation of this prohibition as it may consider just and reasonable as to any public utility.
Utah Code § 54-8a-5 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-5
§ 54-8a-5. Marking of underground facilities.
Status: in_force

(1) Within 48 hours of the receipt of the notice required by Section 54-8a-4, the operator shall: (a) (i) mark the location of the operator's underground facilities in the area of the proposed excavation; or (ii) notify the excavator, by telephonic or electronic message or indication at the excavation site, that the operator does not have any underground facility in the area of the proposed excavation; and (b) if the operator utilizes the association's electronic positive response system, provide a response to the association's electronic positive response system to indicate whether the operator can provide the information described in Subsection (1)(a)(i). (2) (a) The operator is not required to mark the underground facilities within 48 hours if: (i) the proposed excavation: (A) is not identified in accordance with Subsection 54-8a-4(2) or is not marked as provided in Subsection 54-8a-4(3); (B) is located in a remote area; (C) is an extensive excavation; or (D) presents other constraints that make it unreasonably difficult for the operator to comply with the marking requirements of this section; or (ii) the operator is not able to readily locate the underground facilities from the surface with standard underground detection devices. (b) If the operator cannot proceed with the marking because of a situation described in Subsection (2)(a), the operator shall contact the excavator within 48 hours after the excavation notice and: (i) request a meeting at the proposed excavation site or some other mutually agreed upon location; or (ii) at the operator's discretion, contact the excavator and request the proposed excavation site be outlined in accordance with Subsection 54-8a-4(3). (c) For a situation described under Subsection (2)(a)(i), the meeting or completed outlining of the proposed excavation site constitutes the beginning of a new 48-hour period within which the operator shall begin marking the underground facilities. (d) (i) For the situation described under Subsection (2)(a)(ii), the excavator and operator shall agree on a plan of excavation designed to prevent damage to the operator's underground facility. (ii) Notwithstanding the agreement, the excavator shall proceed in a manner that is reasonably calculated to avoid damage to the underground facility. (e) (i) An operator need not mark an underground facility the operator does not own. (ii) An underground facility under Subsection (2)(e)(i) includes a water or sewer lateral or a facility running from a house to a garage or outbuilding. (f) (i) An operator may mark the location of a known facility connected to the operator's facilities that is not owned or operated by the operator. (ii) Marking a known facility under Subsection (2)(f)(i) imposes no liability on the operator for the accuracy of the marking. (3) Each marking is valid for not more than 21 calendar days from the date notice is given. (4) If multiple lines exist: (a) the markings must indicate the number of lines; or (b) all lines must be marked.
Utah Code § 54-17-101 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-101
§ 54-17-101. Title.
Status: in_force

This chapter is known as the "Energy Resource Procurement Act."
Utah Code § 54-2-1 — Utah Code / Title 54 / Chapter 54-2 / § 54-2-1
§ 54-2-1. Definitions.
Status: in_force

As used in this title: (1) "Avoided costs" means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. (2) "Clean coal technology" means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. (3) "Cogeneration facility": (a) means a facility that produces: (i) electric energy; and (ii) steam or forms of useful energy, including heat, that are used for industrial, commercial, heating, or cooling purposes; and (b) is a qualifying cogeneration facility under federal law. (4) "Commission" means the Public Service Commission. (5) "Commissioner" means a member of the commission. (6) "Cooling plant" means all real estate, fixtures, machinery, appliances, and personal property controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of artificial cold. (7) (a) "Corporation" includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. (b) "Corporation" does not include towns, cities, counties, conservancy districts, improvement districts, or other governmental units created or organized under any general or special law of this state. (8) "Department" means the Department of Transportation created in Section 72-1-201. (9) "Distribution electrical cooperative" includes an electrical corporation that: (a) is a cooperative; (b) conducts a business that includes the retail distribution of electricity the cooperative purchases or generates for the cooperative's members; and (c) is required to allocate or distribute savings in excess of additions to reserves and surplus on the basis of patronage to the cooperative's: (i) members; or (ii) patrons. (10) (a) "Electrical corporation" includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. (b) "Electrical corporation" does not include: (i) an independent energy producer; (ii) where electricity is generated on or distributed by the producer solely for the producer's own use, or the use of the producer's tenants, or the use of members of an association of unit owners formed under Title 57, Chapter 8, Condominium Ownership Act, and not for sale to the public generally; (iii) an eligible customer who provides electricity for the eligible customer's own use or the use of the eligible customer's tenant or affiliate; or (iv) a nonutility energy supplier who sells or provides electricity to: (A) an eligible customer who has transferred the eligible customer's service to the nonutility energy supplier in accordance with Section 54-3-32; or (B) the eligible customer's tenant or affiliate. (c) "Electrical corporation" does not include an entity that sells electric vehicle battery charging services: (i) if the entity obtains the electricity for the electric vehicle battery charging service, including any electricity from an electricity storage device: (A) from an electrical corporation in whose service area the electric vehicle battery charging service is located; and (B) under an established tariff for rates, charges, and conditions of service; and (ii) unless the entity conducts another activity in the state that subjects the entity to the jurisdiction and regulation of the commission as an electrical corporation. (11) "Electric plant" includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. (12) "Eligible customer" means a person who: (a) on December 31, 2013: (i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and (ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and (b) produces electricity: (i) from a qualifying power production facility for sale to a public utility in this state; (ii) primarily for the eligible customer's own use; or (iii) for the use of the eligible customer's tenant or affiliate. (13) "Eligible customer's tenant or affiliate" means one or more tenants or affiliates: (a) of an eligible customer; and (b) who are primarily engaged in an activity: (i) related to the eligible customer's core mining or industrial businesses; and (ii) performed on real property that is: (A) within a 25-mile radius of the electric plant described in Subsection (12)(a)(ii); and (B) owned by, controlled by, or under common control with, the eligible customer. (14) "Gas corporation" includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that: (a) gas is made or produced on, and distributed by the maker or producer through, private property: (i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and (ii) not for sale to others; (b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or (c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. (15) "Gas plant" includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of gas, natural or manufactured, for light, heat, or power. (16) (a) "Heat corporation" means a corporation or person, including the corporation's or person's lessees, trustees, and receivers, that owns, controls, operates, or manages for public service within the state: (i) a heating plant; or (ii) a heating plant and cooling plant operated in combination. (b) "Heat corporation" does not include a corporation or person, including the corporation's or person's lessees, trustees, and receivers, that owns, controls, operates, or manages a cooling plant that is not operated in combination with a heating plant. (17) (a) "Heating plant" includes all real estate, fixtures, machinery, appliances, and personal property controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of artificial heat. (b) "Heating plant" does not include either small power production facilities or cogeneration facilities. (18) "Independent energy producer" means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. (19) "Independent power production facility" means a facility that: (a) produces electric energy solely by the use, as a primary energy source, of biomass, waste, a renewable resource, a geothermal resource, or any combination of the preceding sources; or (b) is a qualifying power production facility. (20) "Large-scale electric utility" means a public utility that provides retail electric service to more than 200,000 retail customers in the state. (21) "Large-scale natural gas utility" means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. (22) "Nonutility energy supplier" means a person that: (a) has received market-based rate authority from the Federal Energy Regulatory Commission in accordance with 16 U.S.C. Sec. 824d, 18 C.F.R. Part 35, Filing of Rate Schedules and Tariffs, or applicable Federal Energy Regulatory Commission orders; or (b) owns, leases, operates, or manages an electric plant that is an electric generation plant that: (i) has a capacity of greater than 100 megawatts; and (ii) is hosted on the site of an eligible customer that consumes the output of the electric plant, in whole or in part, for the eligible customer's own use or the use of the eligible customer's tenant or affiliate. (23) "Private telecommunications system" includes all facilities for the transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means, excluding mobile radio facilities, that are owned, controlled, operated, or managed by a corporation or person, including their lessees, trustees, receivers, or trustees appointed by any court, for the use of that corporation or person and not for the shared use with or resale to any other corporation or person on a regular basis. (24) (a) "Public utility" includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. (b) (i) If any railroad corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, or independent energy producer not described in Section 54-2-201, performs a service for or delivers a commodity to the public, it is considered to be a public utility, subject to the jurisdiction and regulation of the commission and this title. (ii) If a gas corporation, independent energy producer not described in Section 54-2-201, or electrical corporation sells or furnishes gas or electricity to any member or consumers within the state, for domestic, commercial, or industrial use, for which any compensation or payment is received, it is considered to be a public utility, subject to the jurisdiction and regulation of the commission and this title. (c) Any corporation or person not engaged in business exclusively as a public utility as defined in this section is governed by this title in respect only to the public utility owned, controlled, operated, or managed by the corporation or person, and not in respect to any other business or pursuit. (d) Any person or corporation defined as an electrical corporation or public utility under this section may continue to serve its existing customers subject to any order or future determination of the commission in reference to the right to serve those customers. (e) (i) "Public utility" does not include any person that is otherwise considered a public utility under this Subsection (24) solely because of that person's ownership of an interest in an electric plant, cogeneration facility, or small power production facility in this state if all of the following conditions are met: (A) the ownership interest in the electric plant, cogeneration facility, or small power production facility is leased to: (I) a public utility, and that lease has been approved by the commission; (II) a person or government entity that is exempt from commission regulation as a public utility; or (III) a combination of Subsections (24)(e)(i)(A)(I) and (II); (B) the lessor of the ownership interest identified in Subsection (24)(e)(i)(A) is: (I) primarily engaged in a business other than the business of a public utility; or (II) a person whose total equity or beneficial ownership is held directly or indirectly by another person engaged in a business other than the business of a public utility; and (C) the rent reserved under the lease does not include any amount based on or determined by revenues or income of the lessee. (ii) Any person that is exempt from classification as a public utility under Subsection (24)(e)(i) shall continue to be so exempt from classification following termination of the lessee's right to possession or use of the electric plant for so long as the former lessor does not operate the electric plant or sell electricity from the electric plant. If the former lessor operates the electric plant or sells electricity, the former lessor shall continue to be so exempt for a period of 90 days following termination, or for a longer period that is ordered by the commission. This period may not exceed one year. A change in rates that would otherwise require commission approval may not be effective during the 90-day or extended period without commission approval. (f) "Public utility" does not include any person that provides financing for, but has no ownership interest in an electric plant, small power production facility, or cogeneration facility. In the event of a foreclosure in which an ownership interest in an electric plant, small power production facility, or cogeneration facility is transferred to a third-party financer of an electric plant, small power production facility, or cogeneration facility, then that third-party financer is exempt from classification as a public utility for 90 days following the foreclosure, or for a longer period that is ordered by the commission. This period may not exceed one year. (g) (i) The distribution or transportation of natural gas for use as a motor vehicle fuel does not cause the distributor or transporter to be a "public utility," unless the commission, after notice and a public hearing, determines by rule that it is in the public interest to regulate the distributers or transporters, but the retail sale alone of compressed natural gas as a motor vehicle fuel may not cause the seller to be a "public utility." (ii) In determining whether it is in the public interest to regulate the distributors or transporters, the commission shall consider, among other things, the impact of the regulation on the availability and price of natural gas for use as a motor fuel. (h) "Public utility" does not include: (i) an eligible customer who provides electricity for the eligible customer's own use or the use of the eligible customer's tenant or affiliate; or (ii) a nonutility energy supplier that sells or provides electricity to: (A) an eligible customer who has transferred the eligible customer's service to the nonutility energy supplier in accordance with Section 54-3-32; or (B) the eligible customer's tenant or affiliate. (i) "Public utility" does not include an entity that sells electric vehicle battery charging services: (i) if the entity obtains the electricity for the electric vehicle battery charging service, including any electricity from an electricity storage device: (A) from a large-scale electric utility or an electrical corporation in whose service area the electric vehicle battery charging service is located; and (B) under an established tariff for rates, charges, and conditions of service; and (ii) unless the entity conducts another activity in the state that subjects the entity to the jurisdiction and regulation of the commission as a public utility. (j) "Public utility" does not include an independent energy producer that is not subject to regulation by the commission as a public utility under Section 54-2-201. (25) "Purchasing utility" means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, 16 U.S.C. Sec. 824a-3. (26) "Qualifying power producer" means a corporation, cooperative association, or person, or the lessee, trustee, and receiver of the corporation, cooperative association, or person, who owns, controls, operates, or manages any qualifying power production facility or cogeneration facility. (27) "Qualifying power production facility" means a facility that: (a) produces electrical energy solely by the use, as a primary energy source, of biomass, waste, a renewable resource, a geothermal resource, or any combination of the preceding sources; (b) has a power production capacity that, together with any other facilities located at the same site, is no greater than 80 megawatts; and (c) is a qualifying small power production facility under federal law. (28) "Railroad" includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. (29) "Railroad corporation" includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any railroad for public service within this state. (30) (a) "Sewerage corporation" includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any sewerage system for public service within this state. (b) "Sewerage corporation" does not include private sewerage companies engaged in disposing of sewage only for their stockholders, or towns, cities, counties, conservancy districts, improvement districts, or other governmental units created or organized under any general or special law of this state. (31) "Telegraph corporation" includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any telegraph line for public service within this state. (32) "Telegraph line" includes all conduits, ducts, poles, wires, cables, instruments, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate communication by telegraph, whether that communication be had with or without the use of transmission wires. (33) "Telephone cooperative" means a telephone corporation that: (a) is a cooperative; and (b) is organized for the purpose of providing telecommunications service to the telephone corporation's members and the public at cost plus a reasonable rate of return. (34) (a) "Telephone corporation" means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. (b) "Telephone corporation" does not mean a corporation, partnership, or firm providing: (i) intrastate telephone service offered by a provider of cellular, personal communication systems (PCS), or other commercial mobile radio service as defined in 47 U.S.C. Sec. 332 that has been issued a covering license by the Federal Communications Commission; (ii) Internet service; or (iii) resold intrastate toll service. (35) "Telephone line" includes all conduits, ducts, poles, wires, cables, instruments, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate communication by telephone whether that communication is had with or without the use of transmission wires. (36) "Transportation of persons" includes every service in connection with or incidental to the safety, comfort, or convenience of the person transported, and the receipt, carriage, and delivery of that person and that person's baggage. (37) "Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage, and hauling, and the transmission of credit by express companies. (38) "Utility-owned vehicle charging infrastructure" means all facilities, equipment, and electrical systems owned and installed by a large-scale electric utility: (a) on the customer's side or the large-scale electric utility's side of the electricity metering equipment; and (b) to facilitate utility vehicle charging service or other electric vehicle battery charging service. (39) "Utility vehicle charging service" means the furnishing of electricity: (a) to an electric vehicle battery charging station; (b) by a public utility in whose service area the charging station is located; and (c) pursuant to a duly established tariff for rates, charges, and conditions of service for the electricity. (40) "Water corporation" includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any water system for public service within this state. It does not include private irrigation companies engaged in distributing water only to their stockholders, or towns, cities, counties, water conservancy districts, improvement districts, or other governmental units created or organized under any general or special law of this state. (41) (a) "Water system" includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, appointment, apportionment, or measurement of water for power, fire protection, irrigation, reclamation, or manufacturing, or for municipal, domestic, or other beneficial use. (b) "Water system" does not include private irrigation companies engaged in distributing water only to their stockholders. (42) "Wholesale electrical cooperative" includes every electrical corporation that is: (a) in the business of the wholesale distribution of electricity it has purchased or generated to its members and the public; and (b) required to distribute or allocate savings in excess of additions to reserves and surplus to members or patrons on the basis of patronage.
Utah Code § 54-1-2.1 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-2.1
§ 54-1-2.1. Alignment with state energy policy.
Status: in_force

When exercising the powers granted in this title, the commission shall act in accordance with the state energy policy provided in Title 79, Chapter 6, Part 3, State Energy Policy, unless the state energy policy is inconsistent with specific provisions of this title.
Utah Code § 54-21-602 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-602
§ 54-21-602. Noncompliant agreements and ordinances.
Status: in_force

(1) An agreement or ordinance that does not fully comply with this chapter and applies to a small wireless facility or a utility pole that is operational or installed before May 11, 2018: (a) may not be renewed or extended unless the agreement is modified to fully comply with this chapter; and (b) is invalid and unenforceable beginning November 8, 2018, unless the agreement or ordinance is modified before November 8, 2018, to fully comply with this chapter. (2) An agreement or ordinance entered into or passed before May 11, 2018, that does not fully comply with this chapter and applies to a small wireless facility or a utility pole that was not operational or installed before May 11, 2018, is invalid and unenforceable: (a) beginning May 11, 2018; and (b) until the agreement or ordinance is modified to fully comply with this chapter. (3) If an agreement or ordinance is invalid in accordance with this section, until an agreement or ordinance that fully complies with this chapter is entered or adopted: (a) a small wireless facility or a utility pole that is operational or installed before May 11, 2018, may remain installed and operate under the requirements of this chapter; and (b) a small wireless facility or utility pole may become operational or be installed in the right-of-way on or after May 11, 2018, under the requirements of this chapter.
Utah Code § 54-17-302 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-302
§ 54-17-302. Approval of a significant energy resource decision required.
Status: in_force

(1) If pursuant to Part 2, Solicitation Process, an affected electrical utility is required to conduct a solicitation for a significant energy resource or obtains a waiver of the requirement to conduct a solicitation under Section 54-17-501, but does not obtain a waiver of the requirement to obtain approval of the significant energy resource decision under Section 54-17-501, the affected electrical utility shall obtain approval of the affected electrical utility's significant energy resource decision: (a) after the completion of the solicitation process, if the affected electrical utility is required to conduct a solicitation; and (b) before an affected electrical utility may construct or enter into a binding agreement to acquire the significant energy resource. (2) (a) To obtain the approval required by Subsection (1), the affected electrical utility shall file a request for approval with the commission. (b) The request for approval required by this section shall include any information required by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) In ruling on a request for approval of a significant energy resource decision, the commission shall determine whether the significant energy resource decision: (a) is reached in compliance with this chapter and rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (b) (i) is reached in compliance with the solicitation process approved by the commission in accordance with Part 2, Solicitation Process; or (ii) is reached after the waiver of the solicitation process as provided in Subsection 54-17-201(3); and (c) is in the public interest, taking into consideration: (i) the dispatchability of the significant energy resource; (ii) the state's desire to have proven dispatchable generation resources operating within the state to ensure adequate resources to reliably meet the state's energy needs; (iii) whether the proposal is consistent with the state energy policy described in Section 79-6-301; (iv) whether it will most likely result in the acquisition, production, and delivery of electricity at the lowest reasonable cost to the retail customers of an affected electrical utility located in this state, including any lowered costs resulting from the ability to sell excess energy generated in an interstate energy market; (v) long-term and short-term impacts; (vi) risk; (vii) reliability; (viii) financial impacts on the affected electrical utility; and (ix) other factors determined by the commission to be relevant. (4) The commission may not approve a significant energy resource decision under this section before holding a public hearing. (5) Unless the commission determines that additional time to analyze a significant energy resource decision is warranted and is in the public interest, within 120 days of the day on which the affected electrical utility files a request for approval, the commission shall: (a) approve the significant energy resource decision; (b) approve the significant energy resource decision subject to conditions imposed by the commission; or (c) disapprove the significant energy resource decision. (6) The commission shall include in the commission's order under this section: (a) findings as to the total projected costs for construction or acquisition of an approved significant energy resource; and (b) the basis upon which the findings described in Subsection (6)(a) are made. (7) Notwithstanding any other provision of this part, an affected electrical utility may acquire a significant energy resource without obtaining approval pursuant to this section if it obtains a waiver of the requirement for approval in accordance with Section 54-17-501. (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules regarding the process for approval of a significant energy resource decision under this section.
Utah Code § 54-21-603 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-603
§ 54-21-603. Relocation.
Status: in_force

(1) Notwithstanding any provision to the contrary, an authority may require a wireless provider to relocate or adjust a small wireless facility in a public right-of-way: (a) in a timely manner; and (b) without cost to the authority owning the public right-of-way. (2) The reimbursement obligations under Section 72-6-116(3)(b) do not apply to the relocation of a small wireless facility.
Utah Code § 54-7-4 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-4
§ 54-7-4. Copies, competent evidence.
Status: in_force

Copies of any official documents or orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary or the assistant secretary under the official seal of the commission to be true copies of the originals, shall be evidence in the same manner as the originals.
Utah Code § 54-26-402 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-402
§ 54-26-402. Alternative service requirements.
Status: in_force

(1) A large load customer may enter into a large load contract with a large-scale generation provider if: (a) a qualified electric utility fails to complete an evaluation or provide a written response within the time period specified in Section 54-26-202; or (b) the qualified electric utility and large load customer cannot agree to a large load contract within 90 days after the day on which the large load customer receives the evaluation described in Section 54-26-202, unless the qualified electric utility and the large load customer mutually agree to a longer period of time. (2) After submitting a large-scale service request, a large load customer: (a) may negotiate a contract with one or more large-scale generation providers; and (b) may not execute a contract with a large-scale generation provider unless the conditions described in Subsection (1) are met.
Utah Code § 54-26-602 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-602
§ 54-26-602. Accounting requirements -- Service standards.
Status: in_force

(1) A large-scale generation provider shall: (a) maintain separate accounting records for all investments, revenues, and expenses associated with large-scale service requests using generally accepted accounting principles; (b) take reasonable measures to ensure costs are properly allocated between large load service and other customers; (c) provide all contracted energy services without reliance on any qualified electric utility, cooperative utility, municipal utility, or other utility except as provided under a large load contract; (d) meet all applicable North American Electric Reliability Corporation standards; and (e) maintain reasonable commercial liability insurance as determined by contract or the commission. (2) A qualified electric utility shall: (a) maintain separate accounting records for all investments, revenues, and expenses associated with large-scale service requests using generally accepted accounting principles; and (b) take reasonable measures to ensure costs are properly allocated between large load service and other operations. (3) All revenues and large load incremental costs associated with a large-scale service request shall be excluded from any rate determinations by the commission. (4) In connection with any rate case or other appropriate proceeding before the commission, a qualified electric utility shall provide: (a) operational data identifying when and to what extent the incremental generation resources identified in a large load contract pursuant to Subsection 54-26-301(3)(f) were dispatched to serve large load customers; (b) an identification of the timing, magnitude, and duration of: (i) the qualified electric utility's dispatch of the resources described in Subsection (4)(a); (ii) any periods in which large load customers' loads exceeded the dispatch of resources described in Subsection (4)(a); and (iii) any periods in which the dispatch of resources described in Subsection (4)(a) exceeded the large load customers' loads; (c) the method by which costs for the provision of electric service from a qualified electric utility to a large load customer will be excluded from rates paid by retail customers; and (d) any other information the commission requires to ensure that the costs associated with service to a large load customer are excluded from the rates paid for by retail customers. (5) A qualified electric utility may not be required to publicly disclose specific revenue information from individual large load customers in any proceeding described in Subsection (4).
Utah Code § 54-7-10 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-10
§ 54-7-10. Orders on hearings -- Time effective.
Status: in_force

(1) Orders of the commission shall take effect and become operative on the date issued, except as otherwise provided in the order. (2) They shall continue in force for the period designated in the order, or until changed or abrogated by the commission.
Utah Code § 54-15-106 — Utah Code / Title 54 / Chapter 54-15 / § 54-15-106
§ 54-15-106. Customer to provide equipment necessary to meet certain requirements -- Governing authority may adopt additional reasonable requirements -- Testing and inspection of interconnection.
Status: in_force

(1) Each customer participating in a net metering program shall provide at the customer's expense all equipment necessary to meet: (a) applicable local and national standards regarding electrical and fire safety, power quality, and interconnection requirements established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories; and (b) any other utility interconnection requirements as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) After appropriate notice and opportunity for public comment, the governing authority may by rule adopt additional reasonable safety, power quality, and interconnection requirements for customer generation systems that the governing authority considers to be necessary to protect public safety and system reliability. (3) (a) If a customer participating in a net metering program complies with requirements referred to under Subsection (1) and additional requirements established under Subsection (2), an electrical corporation may not require that customer to: (i) perform or pay for additional tests; or (ii) purchase additional liability insurance. (b) An electrical corporation may not be held directly or indirectly liable for permitting or continuing to permit an interconnection of a customer generation system to the electrical corporation's system or for an act or omission of a customer participating in a net metering program for loss, injury, or death to a third party. (4) An electrical corporation may test and inspect an interconnection at times that the electrical corporation considers necessary to ensure the safety of electrical workers and to preserve the integrity of the electric power grid. (5) The electrical function, operation, or capacity of a customer generation system, at the point of connection to the electrical corporation's distribution system, may not compromise the quality of service to the electrical corporation's other customers.
Utah Code § 54-17-304 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-304
§ 54-17-304. Order to proceed.
Status: in_force

(1) (a) In the event of a change in circumstances or projected costs, an affected electrical utility may seek a commission review and determination of whether the affected electrical utility should proceed with the implementation of an approved significant energy resource decision. (b) In making a determination under this Subsection (1), the commission shall use the standards identified in Subsection 54-17-302(3)(c). (c) Before making a determination under this Subsection (1) the commission: (i) may hold a public hearing; and (ii) shall provide an opportunity for public comment. (2) Unless the commission determines that additional time is warranted and is in the public interest, within 60 days of the day on which the affected electrical utility files a request for commission review and determination under this section, the commission shall: (a) issue an order: (i) determining that the affected electrical utility should proceed with the implementation of the significant energy resource decision; (ii) making findings as to the total projected costs for construction or acquisition of the approved significant energy resource; and (iii) stating the basis upon which the findings described in Subsection (2)(a)(ii) are made; or (b) issue an order determining that the affected electrical utility should not proceed with the implementation of the significant energy resource decision. (3) If the commission determines that the affected electrical utility should proceed with the implementation of the approved significant energy resource decision, the commission shall, in a general rate case or other appropriate commission proceeding, include in the affected electrical utility's retail electric rates the state's share of costs: (a) relevant to that proceeding; (b) incurred by the affected electrical utility in constructing or acquiring the approved significant energy resource; and (c) up to the projected costs as specified in the commission's order issued under Subsection (2)(a). (4) If the commission determines that the affected electrical utility should not proceed with the implementation of the approved significant energy resource decision, the commission shall, in a general rate case or other appropriate commission proceeding, include in the affected electrical utility's retail electric rates the state's share of costs: (a) relevant to that proceeding; and (b) incurred by the affected electrical utility in constructing or acquiring the approved significant energy resource before issuance of a determination not to proceed, including any prudently incurred costs of terminating the approved significant energy resource decision. (5) A commission order under this section not to proceed with the implementation of a significant energy resource may not prejudice: (a) the right of an affected electrical utility to: (i) continue to implement the significant energy resource decision; and (ii) seek recovery of costs incurred after a determination not to proceed in a future rate proceeding; or (b) the right of any other party to support or oppose recovery of costs sought under Subsection (5)(a)(ii). (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules regarding the process for the commission's review and determination on a request for an order to proceed under this section.
Utah Code § 54-9-107 — Utah Code / Title 54 / Chapter 54-9 / § 54-9-107
§ 54-9-107. Disposition of proceeds and revenues.
Status: in_force

All money belonging to a public power entity in connection with common facilities, including the proceeds of the sale of bonds and the revenues arising from the operation of common facilities: (1) may be deposited in a bank or trust company doing business within or without the state; and (2) shall be accounted for and disbursed in accordance with applicable law and the provisions of the resolution or indenture authorizing the issuance of the bonds.
Utah Code § 54-26-502 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-502
§ 54-26-502. Operating requirements -- Registration suspension.
Status: in_force

(1) A large-scale generation provider that fails to satisfy the requirements of this chapter: (a) may not initiate new service to a large load customer; (b) shall remedy any deficiencies within 90 days after the day on which the deficiency arises; and (c) may have reasonable conditions imposed by the commission on the provider's registration status. (2) If the commission suspends or revokes a large-scale generation provider's registration: (a) the provider may not continue to provide service to a large load customer after the large load customer has been given a reasonable opportunity to secure alternative service arrangements; and (b) the large load customer may not receive electric service from another large-scale generation provider or a qualified electric utility except pursuant to agreement and commission approval of the terms of a new large load contract consistent with this chapter.
Utah Code § 54-3-2 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-2
§ 54-3-2. Schedules of rates and classification -- Right of inspection -- Changes by commission -- Online consumer access to usage data.
Status: in_force

(1) Under the rules and regulations made by the commission, each public utility, shall file with the commission within the time and in the form as the commission may designate, and shall print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected or enforced, together with all rules, regulations, contracts, privileges, and facilities which in any manner affect or relate to rates, tolls, rentals, charges, classifications, or service. (2) Except for motor carriers exempted under federal law, nothing in this section shall prevent the commission from approving or fixing rates, tolls, rentals, or charges from time to time greater, or less, than those shown by the schedules. (3) The commission shall have power, in its discretion, to determine and prescribe, by order, changes in the form of the schedules referred to in this section as it may find expedient, and to modify the requirements of any of its orders or rules or regulations in respect to any matters described in this section. (4) (a) If requested by a nonresidential customer, and to the extent available through existing meters, each electrical corporation shall provide the nonresidential customer access to the customer's usage data. (b) Each electrical corporation shall provide the access described in Subsection (4)(a) broken down into: (i) 15 minute intervals; or (ii) the shortest requested interval available through existing meters. (c) If incremental costs are associated with providing the access described in this Subsection (4), the electrical corporation may charge the customer an amount determined by the electrical corporation's governing authority, as defined in Section 54-15-102.
Utah Code § 54-1-2 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-2
§ 54-1-2. Powers and duties.
Status: in_force

(1) The Public Service Commission shall succeed to all powers and discharge all duties and perform all the functions which by existing and continuing law are conferred upon and required to be discharged or performed by the Public Utilities Commission of Utah. (2) Whenever any existing and continuing law refers to or names the Public Utilities Commission of Utah or any officer, agent, or employee of such commission, the same shall be construed to mean, refer to, and name the Public Service Commission of Utah or the corresponding officer, agent, or employee of such Public Service Commission.
Utah Code § 54-17-907 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-907
§ 54-17-907. Rate adjustment filing -- Modification of rates for participating customers.
Status: in_force

(1) (a) The qualified utility may make a rate adjustment filing, not more than annually, with the commission to adjust rates for participating customers to reflect any changes in the quantifiable costs and benefits of the community renewable energy program. (b) The rate adjustment filing may not include any changes to ongoing costs. (2) The commission shall determine the content and filing requirements for the filing by administrative rules as described in Section 54-17-909. (3) The commission shall determine rate changes which shall become effective within 90 days after the date of the filing, unless otherwise determined by the commission for good cause.
Utah Code § 54-8-8 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-8
§ 54-8-8. Approval of utilities' report by governing body -- Passage of resolutions -- Contents.
Status: in_force

On the filing with the clerk of any governing body of the costs and feasibility report by the public utility corporation(s), as hereinbefore provided and after considering the same, the governing body may, at any regular or special meeting, pass a resolution declaring its intention to create a local improvement district. The resolution shall state that the costs and expenses of the district created are, except as otherwise provided for, to be levied and assessed upon the abutting, adjoining, and adjacent lots and land along or upon which improvements are to be made, and upon lots and lands benefited by such improvements and included in the improvement district created; that it is the intention of the governing body to make such improvement which will promote the public welfare; and shall further state the area and boundaries of the proposed improvement district, the character of the proposed improvement, the estimated total cost of the same, and the intention of the governing body to hold or cause to be held a public hearing on the proposed improvement.