Utah Code § 54-8-16 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-16
§ 54-8-16. Notice of assessment -- Publication.
Status: in_force

(1) After the preparation of a resolution under Section 54-8-14, the governing body shall give notice of a public hearing on the proposed assessments. (2) (a) The governing body shall provide the notice described in Subsection (1) for the district, as a class B notice under Section 63G-30-102, for at least 20 days before the date of the hearing. (b) The addresses to be used for the purpose of mailing notice as required by Subsection 63G-30-102(3) are: (i) 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 part of the cost of the improvement; and (ii) the street number of each piece of improved property to be affected by the proposed assessment. (3) Each notice shall state that at the specified time and place, the governing body will hold a public hearing upon the proposed assessments and shall state that any owner of any property to be assessed pursuant to the resolution will be heard on the question of whether the owner's property will be benefited by the proposed improvement to the amount of the proposed assessment against the owner's property and whether the amount assessed against the owner's property constitutes more than the owner's proper proportional share of the total cost of the improvement. (4) The notice shall further state where a copy of the resolution proposed to be adopted levying the assessments against all real property in the district will be on file for public inspection, and that subject to such changes and corrections therein as may be made by the governing body, it is proposed to adopt the resolution at the conclusion of the hearing. (5) A published notice shall describe the boundaries or area of the district with sufficient particularity to permit each owner of real property therein to ascertain that the owner's property lies in the district. (6) The mailed notice may refer to the district by name and date of creation and shall state the amount of the assessment proposed to be levied against the real property of the person to whom the notice is mailed.
Utah Code § 54-19-102 — Utah Code / Title 54 / Chapter 54-19 / § 54-19-102
§ 54-19-102. Definitions.
Status: in_force

As used in this section: (1) "Internet protocol-enabled service" means any service, functionality, or application that uses Internet protocol or a successor protocol that enables an end-user to send or receive voice, data, or video communications. (2) "Voice over Internet protocol service" means any service that: (a) enables real time, two-way voice communication originating from or terminating at the user's location in Internet protocol or a successor protocol; (b) uses a broadband connection from the user's location; and (c) permits a user to receive a telephone call that originates on the public switched telephone network and to terminate a call to the public switched telephone network.
Utah Code § 54-2-2 — Utah Code / Title 54 / Chapter 54-2 / § 54-2-2
§ 54-2-2. Definition of "person."
Status: in_force

As used in this chapter, "person" includes all individuals, corporations, partnerships, associations, trusts, and companies and their lessees, trustees, and receivers.
Utah Code § 54-3-33 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-33
§ 54-3-33. Eligible customer energy supply contract.
Status: in_force

(1) The commission may approve a contract between a large-scale electric utility and a customer of a large-scale electric utility that is eligible to transfer electric service to a non-utility energy supplier under Section 54-3-32. (2) The commission shall exempt a customer that enters into a contract described in Subsection (1) from paying the costs recovered under Subsection 54-7-12.8(3), except the costs of the Utah solar incentive program included in Subsection 54-7-12.8(3)(b). (3) If an eligible customer that enters into a contract described in Subsection (1) has provided notice to the commission under Subsection 54-3-32(3), the notice is not considered withdrawn under Subsection 54-3-32(4)(c) by the customer entering into the contract. (4) Notwithstanding Subsection 54-3-32(4)(c), if the commission approves a contract under this section for an eligible customer that states a contract termination date that is after December 31, 2020, the notice described in Subsection 54-3-32(3)(a) is not considered to be withdrawn unless a transfer of service under Section 54-3-32 does not occur before the later of: (a) the day three years after the termination date stated in the contract; or (b) 18 months after the intended date of transfer of service described in Subsection 54-3-32(3)(a)(ii).
Utah Code § 54-4-25 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-25
§ 54-4-25. Certificate of convenience and necessity prerequisite to construction and operation -- Electrical suppliers.
Status: in_force

(1) Except as provided in Section 11-13-304, a gas corporation, electric corporation, telephone corporation, telegraph corporation, heat corporation, water corporation, or sewerage corporation may not establish, or begin construction or operation of a line, route, plant, or system or of any extension of a line, route, plant, or system, without having first obtained from the commission a certificate that present or future public convenience and necessity does or will require the construction. (2) This section may not be construed to require any corporation to secure a certificate for an extension: (a) within any city or town within which it has lawfully commenced operations; (b) into territory, either within or without a city or town, contiguous to its line, plant, or system that is not served by a public utility of like character; or (c) within or to territory already served by it, necessary in the ordinary course of its business. (3) If any public utility in constructing or extending its line, plant, or system interferes or may interfere with the operation of the line, plant, or system of any other public utility already constructed, the commission, on complaint of the public utility claiming to be injuriously affected, may, after a hearing, make an order and prescribe the terms and conditions for the location of the lines, plants, or systems affected as the commission determines are just and reasonable. (4) (a) (i) Each applicant for a certificate shall file in the office of the commission evidence as required by the commission to show that the applicant has received or is in the process of obtaining the required consent, franchise, or permit of the proper county, city, municipal, or other public authority. (ii) If the applicant is in the process of obtaining the required consent, franchise, or permit, a certificate shall be conditioned upon: (A) receipt of the consent, franchise, or permit within the time period the commission may direct; and (B) the filing of such evidence of the receipt of the consent, franchise, or permit as the commission may require. (b) Each applicant, except an interlocal entity defined in Section 11-13-103, shall also file in the office of the commission a statement that any proposed line, plant, or system will not conflict with or adversely affect the operations of any existing certificated fixed public utility which supplies the same product or service to the public and that it will not constitute an extension into the territory certificated to the existing fixed public utility. (c) The commission may, after a hearing: (i) issue the certificate as requested; (ii) refuse to issue the certificate; or (iii) issue the certificate for the construction of a portion only of the contemplated line, plant, or system, or extension thereof, or for the partial exercise only of the right or privilege. (d) The commission may attach to the exercise of the rights granted by the certificate the terms and conditions as in its judgment public convenience and necessity may require. (e) (i) If a public utility desires to exercise a right or privilege under a franchise or permit which it contemplates securing but which has not yet been granted to it, the public utility may apply to the commission for an order preliminary to the issue of the certificate. (ii) The commission may make an order declaring that it will upon application, under rules and regulations as it may prescribe, issue the desired certificate upon terms and conditions as it may designate after the public utility has obtained the contemplated franchise or permit. (iii) Upon presentation to the commission of evidence satisfactory to it that the franchise or permit has been secured by the public utility, the commission shall issue the certificate. (5) (a) Any supplier of electricity which is brought under the jurisdiction and regulation of the Public Service Commission by this title may file with the commission an application for a certificate of convenience and necessity, giving the applicant the exclusive right to serve the customers it is serving in the area in which it is serving at the time of this filing, subject to the existing right of any other electrical corporation to likewise serve its customers in existence in the area at the time. (b) The application shall be prima facie evidence of the applicant's rights to a certificate, and the certificate shall be issued within 30 days after the filing, pending which, however, the applicant shall have the right to continue its operations. (c) Upon good cause shown to the commission by anyone protesting the issuance of such a certificate, or upon the commission's own motion, a public hearing may be held to determine if the applicant has sufficient finances, equipment, and plant to continue its existing service. The commission shall issue its order within 45 days after the hearing according to the proof submitted at the hearing. (d) Every electrical corporation, save and except those applying for a certificate to serve only the customers served by applicant on May 11, 1965, applying for a certificate shall have established a ratio of debt capital to equity capital or will within a reasonable period of time establish a ratio of debt capital to equity capital which the commission shall find renders the electrical corporation financially stable and which financing shall be found to be in the public interest. (6) Nothing in this section affects the existing rights of municipalities. (7) The commission shall consolidate an action filed under Chapter 17, Part 3, Resource Plans and Significant Energy Resource Approval or Part 4, Voluntary Request for Resource Decision Review with a proceeding under this section if: (a) a public utility is required to obtain a certificate of convenience and necessity pursuant to this section; and (b) the public utility files an action under Chapter 17, Part 3, Resource Plans and Significant Energy Resource Approval or Part 4, Voluntary Request for Resource Decision Review.
Utah Code § 54-1-10 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-10
§ 54-1-10. Conservation planning -- Annual reports.
Status: in_force

The Public Service Commission shall engage in long-range planning regarding public utility regulatory policy in order to facilitate the well-planned development and conservation of utility resources. The commission shall make and submit to the governor and the Legislature an annual report containing a full and complete account of the transactions of its office, together with any facts, suggestions and recommendations it may deem necessary. The Division of Public Utilities shall provide any assistance the commission may require in the preparation of the annual report. The report shall be made and submitted by October 1 of each year or as soon after as may be feasible and shall be published as are the reports of other departments of the state.
Utah Code § 54-9-103 — Utah Code / Title 54 / Chapter 54-9 / § 54-9-103
§ 54-9-103. Public power entity authority regarding common facilities -- Determination of needs -- Agreement requirements -- Ownership interest.
Status: in_force

(1) (a) Notwithstanding Title 11, Chapter 13, Interlocal Cooperation Act, and Subsection 11-14-103(1)(b)(xi), and in addition to all other powers conferred on public power entities, a public power entity may: (i) plan, finance, construct, acquire, operate, own, and maintain an undivided interest in common facilities; (ii) participate in and enter into agreements with one or more public power entities or power utilities; and (iii) enter into contracts and agreements as may be necessary or appropriate for the joint planning, financing, construction, operation, ownership, or maintenance of common facilities. (b) (i) Before entering into an agreement providing for common facilities, the governing body of each public power entity shall determine the needs of the public power entity for electric power and energy based on engineering studies and reports. (ii) In determining the future electric power and energy requirements of a public power entity, the governing body shall consider: (A) the economies and efficiencies of scale to be achieved in constructing or acquiring common facilities for the generation and transmission of electric power and energy; (B) the public power entity's need for reserve and peaking capacity, and to meet obligations under pooling and reserve sharing agreements reasonably related to the needs of the public power entity for power and energy; (C) the estimated useful life of the common facilities; (D) the estimated time necessary for the planning, financing, construction, and acquisition of the common facilities and the estimated timing of the need for an additional power supply; and (E) the reliability and availability of existing or alternate power supply sources and the cost of those existing or alternate power supply sources. (2) (a) Each agreement providing for common facilities shall: (i) contain provisions not inconsistent with this chapter that the governing body of the public power entity determines to be in the interests of the public power entity, including: (A) the purposes of the agreement; (B) the duration of the agreement; (C) the method of appointing or employing the personnel necessary in connection with the common facilities; (D) the method of financing the common facilities, including the apportionment of costs of construction and operation; (E) the ownership interests of the owners in the common facilities and other property used or useful in connection with the common facilities and the procedures for disposition of the common facilities and other property when the agreement expires or is terminated or when the common facilities are abandoned, decommissioned, or dismantled; (F) any agreement of the parties prohibiting or restricting the alienation or partition of the undivided interests of an owner in the common facilities; (G) the construction and repair of the common facilities, including, if the parties agree, a determination that a power utility or public power entity may construct or repair the common facilities as agent for all parties to the agreement; (H) the administration, operation, and maintenance of the common facilities, including, if the parties agree, a determination that a power utility or public power entity may administer, operate, and maintain the common facilities as agent for all parties to the agreement; (I) the creation of a committee of representatives of the parties to the agreement; (J) if the parties agree, a provision that if any party defaults in the performance or discharge of its obligations with respect to the common facilities, the other parties may perform or assume, pro rata or otherwise, the obligations of the defaulting party and may, if the defaulting party fails to remedy the default, succeed to or require the disposition of the rights and interests of the defaulting party in the common facilities; (K) provisions for indemnification of construction, operation, and administration agents, for completion of construction, for handling emergencies, and for allocation of output of the common facilities among the parties to the agreement according to the ownership interests of the parties; (L) methods for amending and terminating the agreement; and (M) any other matter, not inconsistent with this chapter, determined by the parties to the agreement to be necessary and proper; (ii) clearly disclose the ownership interest of each party; (iii) provide for an equitable method of allocating operation, repair, and maintenance costs of the common facilities; and (iv) be approved or ratified by resolution of the governing body of the public power entity. (b) A provision under Subsection (2)(a)(i)(F) in an agreement providing for common facilities under this Subsection (2) is not subject to any law restricting covenants against alienation or partition. (c) Each committee created under Subsection (2)(a)(i)(I) in an agreement providing for common facilities under this Subsection (2) shall have the powers, not inconsistent with this chapter, regarding the construction and operation of the common facilities that the agreement provides. (d) (i) The ownership interest of a public power entity in the common facilities may not be less than the proportion of the funds or the value of property supplied by it for the acquisition, construction, and operation of the common facilities. (ii) Each public power entity shall own and control the same proportion of the electrical output from the common facilities as its ownership interest in them. (3) Notwithstanding any other provision of this chapter, an interlocal entity may not act in a manner inconsistent with any provision of the agreement under which it was created.
Utah Code § 54-8b-4.5 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-4.5
§ 54-8b-4.5. Commission order -- Negotiated provisions of services -- Contracts under this section.
Status: in_force

(1) (a) The commission may enter an order partially or wholly exempting any public telecommunications service from any requirement of this title relating to rates, tariffs, or fares. (b) The commission may authorize the provision of all or any portion of a public telecommunications service under stated or negotiated terms to any person that is committed to the acquisition of comparable telecommunications services from an alternative source of supply through construction, lease, or any other form of acquisition. (2) An incumbent telephone corporation may negotiate with the person or entity within the incumbent telephone corporation's service territory for the provision of retail end user public telecommunications services without regard to the provisions of any tariffs on file and approved by the commission, or any price list or competitive contract filed under Section 54-8b-2.3 with the commission but any rate, toll, fare, rental, charge, or classification of service in such contracts shall comply with Section 54-8b-3.3. (3) (a) Within 10 days after the conclusion of the negotiations and prior to the execution of a contract under this section, the incumbent telephone corporation shall file with the commission the proposed final agreements and other evidence of the public telecommunications services to be provided, together with the charges and other conditions of the service. (b) (i) The commission may approve or deny an application, or begin adjudicative proceedings to consider approval of a contract under this section within 30 days of the filing of the application by the incumbent telephone corporation. (ii) If the commission begins adjudicative proceedings, the contract is effective when the commission orders that it is effective. (iii) If the commission fails to approve a contract under this section, or fails to begin adjudicative proceedings within 30 days, the final contract is effective. (c) In determining whether or not to approve a contract under this section, the commission shall consider all relevant factors, including, whether or not the contract for any rate, toll, fare, rental, charge, or classification of service: (i) complies with Section 54-8b-3.3; (ii) provides for adequate service at just and reasonable rates. (d) After a contract under this section has become effective, the commission shall in the next general rate case for that incumbent telephone corporation: (i) review the contract for consistency with the factors stated in this Subsection (3); and (ii) make any adjustment in its rate order, including retroactive adjustments, that are necessary to avoid cross subsidization from other regulated intrastate telecommunications services. (e) Subsection (3) does not apply to an incumbent telephone corporation subject to price regulation for public telecommunications services under Section 54-8b-2.3. (4) Any incumbent telephone corporation that provides public telecommunications services pursuant to a contract under this section may not offer the services under contract in a manner that unfairly discriminates between similarly situated customers. (5) Subject to Subsection (4), terms and conditions offered in contracts under this section that are different from tariff terms and conditions for the same services are not considered discriminatory under Section 54-3-8 and Subsection 54-8b-3.3(2).
Utah Code § 54-23-104 — Utah Code / Title 54 / Chapter 54-23 / § 54-23-104
§ 54-23-104. Right-of-way crossing -- Construction.
Status: in_force

Unless the railroad notifies the fiber optic carrier in writing or electronically that the approved crossing is a serious threat to the safe operation of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall issue the permit or crossing agreement and schedule flagging to occur within 45 calendar days of the approved application.
Utah Code § 54-8b-1 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-1
§ 54-8b-1. Title.
Status: in_force

This chapter is known as the "Public Telecommunications Law."
Utah Code § 54-3-23 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-23
§ 54-3-23. Commission's orders must be obeyed.
Status: in_force

Every public utility shall obey and comply with each and every requirement of every order, decision, direction, rule or regulation made or prescribed by the commission in the matters herein specified, or in any other matter in any way relating to or affecting its business as a public utility, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation by all of its officers, agents and employees.
Utah Code § 54-3-30 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-30
§ 54-3-30. Electric utility service within a provider municipality -- Electrical corporation prohibited as provider -- Exceptions -- Notice and agreement -- Transfer of customer.
Status: in_force

(1) This section applies to an electrical corporation that intends to provide electric service to a customer: (a) who is located within the municipal boundary of a municipality that provides electric service; and (b) who is not described in Subsection 54-3-31(2). (2) (a) If an electrical corporation is authorized by the commission to provide electric service to a customer in an area adjacent to a municipality, and the municipality provides electric service to a customer located within its municipal boundary, the electrical corporation may not provide electric service to a customer within the municipal boundary unless: (i) the electrical corporation has entered into a written agreement with the municipality authorizing the electrical corporation to provide electric service: (A) to a specified customer or to customers located within a specified area within the municipal boundary; and (B) in accordance with the terms and conditions of the electrical corporation's tariffs and regulations approved by the commission, or approved by the governing board for an electrical cooperative that meets the requirements of Subsection 54-7-12(7); and (ii) (A) except as provided in Subsection (2)(a)(ii)(B), the commission approves the agreement in accordance with Section 54-4-40; or (B) for an electrical cooperative that meets the requirements of Subsection 54-7-12(7), the governing board of the electrical cooperative approves the agreement. (b) The municipality or the electrical corporation may terminate the agreement for the provision of electric service if the commission imposes a condition authorized in Section 54-4-40 that is a material change to the agreement. (3) An electrical corporation that enters into an agreement described in Subsection (2)(a) shall transfer service to a customer described in Subsection (2): (a) at the conclusion of a term specified in the agreement; or (b) upon termination of the agreement by the electrical corporation in accordance with Subsection (4). (4) Unless otherwise agreed in writing by the electrical corporation and the municipality, the electrical corporation may terminate an agreement entered into in accordance with Subsection (2)(a) by giving written notice of termination to the municipality: (a) no earlier than two years before the day of termination; or (b) within a period of time shorter than two years if otherwise agreed to with the municipality. (5) Upon termination of an agreement in accordance with Subsection (3)(a), (3)(b), or (4): (a) (i) the electrical corporation shall transfer the electric service customer to the municipality; and (ii) the municipality shall provide electric service to the customer; and (b) the electrical corporation shall transfer a facility in accordance with and for the value as provided in Section 10-2-817. (6) This section may not be construed to modify or terminate any written franchise agreement or other agreement that expressly provides for electric service by an electrical corporation to a customer within a municipality that was entered into between an electrical corporation and a municipality on or before June 15, 2013.
Utah Code § 54-8a-11 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-11
§ 54-8a-11. Applicability of federal law.
Status: in_force

The following persons are subject to the provisions of Title 49, Code of Federal Regulations, Part 198, Regulations for Grants to Aid State Pipeline Safety Programs, including those provisions relating to damage to underground facilities: (1) an operator, to the extent subject to the Pipeline Safety Improvement Act of 2002, 49 U.S.C. 60101 et seq.; (2) an excavator; and (3) the association.
Utah Code § 54-8-9 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-9
§ 54-8-9. Public hearing -- Notice -- Contents.
Status: in_force

(1) After the passage of the resolution in Section 54-8-8, the governing body shall cause notice of a public hearing on the proposed improvement to be given as provided in Section 54-8-10. (2) The notice required under Subsection (1) shall: (a) describe the boundaries or area of the district with sufficient particularity to permit each owner of real property in the proposed district to ascertain that the owner's property lies in the district; (b) describe in a general way the proposed improvement, specifying the streets or property along which it will be made and the nature of the benefits to the property within the district; (c) state the estimated cost as determined from the costs and feasibility report and including the contract price of the improvement and the cost of engineering and clerical service, advertising, inspection, collection of assessments, interests upon bonds, if issued, and for legal services for preparing proceedings and advising in regard to them; (d) state that it is proposed to assess the real property in the district to pay all or a designated portion of the cost of the improvement according to the method determined by the governing body under Section 54-8-5; (e) state the date, time, and place that the governing body will conduct a public hearing upon the proposed improvement and on the question of benefits to be derived by the real property in the district; (f) state that all interested persons will be heard and that any property owner will be heard on the question of whether his property will be benefitted by the proposed improvement; and (g) designate the date, time, and place of a public hearing at which the governing body will consider objections to the creation of the proposed district and the making of the proposed improvements.
Utah Code § 54-17-801 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-801
§ 54-17-801. Definitions.
Status: in_force

As used in this part: (1) "Clean energy contract" means a contract under this part for the delivery of electricity from one or more clean energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution system to deliver the electricity from a clean energy facility to the contract customer. (2) (a) "Clean energy facility" means a clean energy source as defined in Section 54-17-601 that: (i) is located in the state; or (ii) (A) is located outside the state; and (B) provides energy from baseload clean resources. (b) "Clean energy facility" does not include an electric generating facility for which the electric generating facility's costs are included in a qualified utility's rates as a facility that provides electric service to the qualified utility's system. (3) "Clean energy tariff" means a tariff offered by a qualified utility that allows the qualified utility to procure clean generation on behalf of and to serve its customers. (4) "Contract customer" means a person who executes or will execute a clean energy contract with a qualified utility. (5) "Qualified utility" means an electric corporation that serves more than 200,000 retail customers in the state.
Utah Code § 54-8a-7.5 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-7.5
§ 54-8a-7.5. Third-party damages caused by failure to mark a facility.
Status: in_force

(1) If an operator fails to mark a facility as required by this chapter and an excavator damages another operator's facility of a similar size and appearance that fits surface markings, the operator who failed to mark the operator's own facility is liable for the costs of damage to the facility caused by the excavator if: (a) the excavator complies with Sections 54-8a-4, 54-8a-5.5, and 54-8a-6; and (b) the excavator demonstrates that the damage is the direct result of the operator's failure to mark the operator's own facility. (2) An excavator who damages a third-party operator's facility as described in Subsection (1): (a) shall pay for the costs of repairing the damaged facility; and (b) may seek recovery of the costs of damage from the operator that failed to mark the operator's own facility. (3) Resolution of a dispute under this section may be in accordance with Section 54-8a-13.
Utah Code § 54-8a-6 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-6
§ 54-8a-6. Duties and liabilities of an excavator.
Status: in_force

(1) Damage to an underground facility by an excavator who excavates but fails to comply with Section 54-8a-4, is prima facie evidence that the excavator is liable for any damage caused by the negligence of that excavator. (2) (a) An excavator is not liable for a civil penalty under this chapter if the excavator has: (i) given proper notice of the proposed excavation as required in this chapter; (ii) marked the area of the proposed excavation as required in Section 54-8a-4; (iii) complied with Section 54-8a-5.5; and (iv) complied with Section 54-8a-7. (b) An excavator is liable for damage incurred by an operator if: (i) the operator complies with Section 54-8a-5; and (ii) the damage occurs within the tolerance zone.
Utah Code § 54-8b-13 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-13
§ 54-8b-13. Rules governing operator assisted services.
Status: in_force

(1) The commission shall make rules to implement the following requirements pertaining to the provision of operator assisted services: (a) Rates, surcharges, terms, or conditions for operator assisted services shall be provided to customers upon request without charge. (b) A customer shall be made aware, prior to incurring any charges, of the identity of the operator service provider handling the operator assisted call by a form of signage placed on or near the telephone or by verbal identification by the operator service provider. (c) Any contract between an operator service provider and an aggregator shall contain language which assures that any person making a telephone call on any telephone owned or controlled by the aggregator or operator service provider can access: (i) where technically feasible, any other operator service provider operating in the relevant geographic area; and (ii) the public safety emergency telephone numbers for the jurisdiction where the aggregator's telephone service is geographically located. (d) No operator service provider shall transfer a call to another operator service provider unless that transfer is accomplished at, and billed from, the call's place of origin. If such a transfer is not technically possible, the operator service provider shall inform the caller that the call cannot be transferred as requested and that the caller should hang up and attempt to reach another operator service provider through the means provided by that other operator service provider. (2) (a) The Division of Public Utilities shall be responsible for enforcing any rule adopted by the commission under this section. (b) If the Division of Public Utilities determines that any person, or any officer or employee of any person, is violating any rule adopted under this section, the division shall serve written notice upon the alleged violator which: (i) specifies the violation; (ii) alleges the facts constituting the violation; and (iii) specifies the corrective action to be taken. (c) After serving notice as required in Subsection (2)(b), the division may request the commission to issue an order to show cause. (d) After a hearing, the commission may impose penalties and, if necessary, may request the attorney general to enforce the order in a court. (3) (a) Any person who violates any rule made under this section or fails to comply with any order issued pursuant to this section is subject to a penalty not to exceed $2,000 per violation. (b) In the case of a continuing violation, each day that the violation continues constitutes a separate and distinct offense. (4) A penalty assessment under this section does not relieve the person assessed from civil liability for claims arising out of any act which was a violation of any rule under this section.
Utah Code § 54-17-1205 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1205
§ 54-17-1205. Permit application and review.
Status: in_force

(1) A person may not construct a solar power plant without first applying for and receiving from the governing body of the appropriate local jurisdiction: (a) a conditional use permit; (b) a grading permit; (c) a building permit; and (d) any other permit required by the local jurisdiction. (2) An application for constructing a solar power plant shall specify how the location and design standards will be met. (3) Before receiving the permits required under Subsection (1), an owner shall submit to the appropriate local jurisdiction for review and approval: (a) site and development plans that identify: (i) all existing and proposed structures; (ii) setbacks; (iii) access routes; (iv) utilities; (v) drainage pathways, conveyance facilities, and easements; (vi) areas of existing vegetation and proposed vegetation removal; (vii) irrigation and water conveyances, and service areas; and (viii) agriculture protection areas; and (b) a comprehensive decommissioning plan that complies with Section 54-17-1204. (4) A local jurisdiction may not unreasonably withhold approval of the plans and documentation required under Subsection (3).
Utah Code § 54-2-202 — Utah Code / Title 54 / Chapter 54-2 / § 54-2-202
§ 54-2-202. Out-of-state distribution electrical cooperative -- Exemption from commission jurisdiction.
Status: in_force

(1) As used in this section, "out-of-state distribution electrical cooperative" means an electrical corporation that: (a) is a distribution electrical cooperative; (b) is headquartered and maintains its principal place of business in a state adjoining Utah; and (c) provides electric services to consumers located in Utah. (2) An out-of-state distribution electrical cooperative is exempt from regulation by the commission if the out-of-state distribution electrical cooperative: (a) has not previously been headquartered or maintained its principal place of business in Utah; (b) serves fewer than 25,000 total customers; (c) provides less than 20% of the out-of-state distribution electrical cooperative's total power sales in Utah; and (d) provides and maintains on file with the commission written documentation certifying that the out-of-state distribution electrical cooperative is subject to the applicable laws, rules, and regulations of the state where the out-of state distribution electrical cooperative's principal place of business is located. (3) Notwithstanding the other provisions of this section, the commission may exercise the commission's authority applicable to a distribution electrical cooperative pursuant to this title if: (a) the out-of-state distribution electrical cooperative fails to meet any of the qualifications of Subsection (2); or (b) a complaint is filed against the out-of-state distribution electrical cooperative by one of the out-of-state distribution electrical cooperative's customers within Utah.
Utah Code § 54-1-2.5 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-2.5
§ 54-1-2.5. Procedures -- Adjudicative proceedings.
Status: in_force

Except as specifically provided to the contrary in Chapter 7, Hearings, Practice, and Procedure, the commission shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Utah Code § 54-21-301 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-301
§ 54-21-301. Applicability -- General.
Status: in_force

(1) This part applies to: (a) the collocation of a small wireless facility in a right-of-way; (b) the collocation of a small wireless facility on a wireless support structure in a right-of-way; and (c) the installation, modification, or replacement of a utility pole associated with a small wireless facility in a right-of-way. (2) Except as provided in this chapter, an authority may not prohibit, regulate, or charge for the collocation of a small wireless facility.
Utah Code § 54-17-803 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-803
§ 54-17-803. Ownership of a clean energy facility -- Joint ownership -- Ownership of environmental attributes.
Status: in_force

(1) A clean energy facility may be owned: (a) by a person who will be a contract customer receiving electricity from the clean energy facility; (b) by a qualified utility; (c) by a person other than a contract customer or qualified utility; or (d) jointly by any combination of Subsections (1)(a), (b), and (c), whether in equal shares or otherwise. (2) A qualified utility may be a joint owner of a clean energy facility only if: (a) the qualified utility consents to being a joint owner; and (b) the joint ownership agreement requires the qualified utility to recover from contract customers receiving electricity from the clean energy facility all of the qualified utility's costs associated with its ownership of the clean energy facility, including administrative, acquisition, operation, and maintenance costs, unless the commission, in an order issued in a separate regulatory proceeding: (i) authorizes the qualified utility to recover some of those costs from customers other than contract customers; (ii) determines that the rate to be paid for electricity from the clean energy facility by customers other than contract customers is cost effective; and (iii) approves the inclusion of the rate determined under Subsection (2)(b)(ii) in general rates or through a commission approved cost recovery mechanism. (3) To the extent that any electricity from a clean energy facility to be delivered to a contract customer is owned by a person other than the contract customer: (a) the qualified utility shall, by contract with the owner of the electricity to be sold from the clean energy facility, purchase electricity for resale to one or more contract customers; (b) the qualified utility shall sell that electricity to the contract customer or customers under clean energy contracts with the same duration and pricing as the contract between the qualified utility and the owner of the electricity to be sold from the clean energy facility; and (c) the qualified utility's contract with the owner of the electricity to be sold from the clean energy facility shall provide that the qualified utility's obligation to purchase electricity under that contract ceases if the contract customer defaults in its obligation to purchase and pay for the electricity under the contract with the qualified utility. (4) The right to any environmental attribute associated with a clean energy facility shall remain the property of the clean energy facility's owner, except to the extent that a contract to which the owner is a party provides otherwise.
Utah Code § 54-8a-5.8 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-5.8
§ 54-8a-5.8. Excavator access.
Status: in_force

An excavator may enter or access an owner's property or dwelling to locate a sewer lateral with the owner's permission.
Utah Code § 54-7-12.1 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-12.1
§ 54-7-12.1. Depreciation expense.
Status: in_force

In determining the depreciation expense of a telephone corporation in any proceeding under Section 54-7-12, the commission shall consider all relevant factors, including the alteration of asset lives to better reflect changes in the economic life of plant and equipment used to provide telecommunications services. A relevant factor to consider shall be the asset lives of existing and emerging competitive telecommunications providers. Nevertheless, the commission shall retain the authority to determine the depreciation expense of telecommunications corporations for ratemaking purposes.
Utah Code § 54-4-24 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-24
§ 54-4-24. Depreciation accounts and fund.
Status: in_force

The commission shall have power to require any or all public utilities to carry a proper and adequate depreciation account in accordance with such rules, regulations and forms of account as the commission may prescribe. The commission may from time to time ascertain, determine and, by order, fix the proper and adequate rates of depreciation of the several classes of property of each public utility. Each public utility shall conform its depreciation accounts to the rates so ascertained, determined and fixed, and shall set aside the money so provided for out of earnings and carry the same in a depreciation fund and expend such fund only for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement, as the commission may prescribe. The income upon investments of money in such fund shall likewise be carried in such fund.
Utah Code § 54-8-5 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-5
§ 54-8-5. Apportionment of costs -- Assessment against benefitted property -- Public lands not subject to assessment.
Status: in_force

(1) If an improvement district is created as provided in this chapter, the governing body of the county or municipality that created the improvement district may levy an assessment on property within the district. (2) (a) If an assessment is levied under this section, it shall be levied on all blocks, lots, parts of blocks, and lots, tracts, or parcels of property bounding, abutting upon, or adjacent to the improvements or affected or specially benefitted by the improvements to the extent of the benefits to the property because of the improvements. (b) The benefits to the property may be indirect and need not actually increase the fair market value of the property. (3) A governing body may levy an assessment under this section to the full depth of the property or to the depth determined by the governing body. (4) Assessments under this section shall be equal and uniform according to the benefits received. (5) (a) Assessments may be according to area, frontage, assessed value, taxable value, lot, number of connections, or any combination of these methods, as the governing body considers fair and equitable. (b) Different improvements in an improvement district may be assessed according to different methods. (c) The governing body shall make an allowance for corner lots so that they are not assessed at full rate on both sides adjacent to the street. (6) The entire cost of the improvement may be assessed against the benefitted property as provided in this section or, if money for paying part of such cost is available from any other source, the money so available may be so applied and the remaining cost so assessed against the benefitted property. (7) The cost and expenses to be assessed as provided in this section shall include the contract price of the improvement, engineering and clerical services, advertising, cost of inspection, cost of collecting assessments, and interest upon bonds if issued, and for legal services for preparing proceedings and advising in regard thereto. (8) Fee lands and property of public entities such as the federal government, the state, or any county, city, or town may not be considered as lands or property benefitted by any improvement district, and, unless such public entity within the boundaries of an improvement district consents in writing, filed before the governing body adopts the resolution provided for in Section 54-8-8, the lands and property of such public entity shall not be subject to assessment for the payment of any of the cost or expense of such improvement.
Utah Code § 54-3-27 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-27
§ 54-3-27. Public utility easement.
Status: in_force

(1) As used in this section: (a) "Protected utility easement" means a recorded easement or right-of-way: (i) for the use and installation of a utility facility; and (ii) the ownership of which a gas corporation, electric corporation, or telephone corporation acquires and holds by any lawful means. (b) "Public utility easement" means the area on a recorded plat map or other recorded document that is dedicated to the use and installation of public utility facilities. (2) (a) A public utility easement provides a public utility with: (i) the right to install, maintain, operate, repair, remove, replace, or relocate public utility facilities; and (ii) the rights of ingress and egress within the public utility easement for public utility employees, contractors, and agents. (b) Notwithstanding Subsection (3), a public utility shall restore or repair, at the expense of the public utility, any fence, grass, soil, shrubbery, bushes, flowers, other low level vegetation, sprinkler system, irrigation system, gravel, flat concrete, or asphalt damaged or displaced from the exercise of the easement rights described in Subsection (2)(a). (3) Except as provided in Subsection (2)(b), if a property owner places improvements to land that interfere with the easement rights described in Subsection (2)(a), the property owner shall bear the risk of loss or damage to those improvements resulting from the exercise of the easement rights described in Subsection (2)(a). (4) (a) Except as provided in Subsection (4)(b), a public utility easement is nonexclusive and may be used by more than one public utility. (b) Notwithstanding Subsection (4)(a), a public utility may not: (i) interfere with any facility of another public utility within the public utility easement; or (ii) infringe on the legally required distances of separation between public utility facilities required by federal, state, or local law. (5) A subdivision plat that includes a public utility easement may not be approved by a county or municipality unless the subdivider has provided the county or municipality proof that the subdivider has, as a courtesy, previously notified each public utility that is anticipated to provide service to the subdivision. (6) A person may not acquire, whether by adverse possession, prescription, acquiescence, or otherwise, any right, title, or interest in a public utility easement or protected utility easement that is adverse to or interferes with a public utility's full use of the easement for the purposes for which the easement was created. (7) A gas corporation's, electric corporation's, or telephone corporation's failure to possess, occupy, or use a protected utility easement does not diminish or extinguish any right that the gas corporation, electric corporation, or telephone corporation has under the easement. (8) Nothing in this section may be construed to affect the right of a condemnor to condemn a public utility easement as provided by law.
Utah Code § 54-3-9 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-9
§ 54-3-9. Sliding scale of charges -- Control by commission.
Status: in_force

Nothing in this title shall be taken to prohibit a corporation or person engaged in the production, generation, transmission, or furnishing of heat, light, water or power, or telegraph or telephone service, from establishing a sliding scale of charges, provided a schedule showing such scale of charges shall first have been filed with the commission and the rates set out therein are approved by it. Nothing in this title shall be taken to prohibit any such corporation or person from entering into an arrangement for a fixed period for the automatic adjustment of charges for heat, light, water or power, or telegraph or telephone service, in relation to the dividends to be paid to stockholders of such corporation or the profit to be realized by such person, provided a schedule showing the scale of charges under such arrangement shall first have been filed with the commission and each rate set out therein is approved by it. Nothing in this section shall prevent the commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service, as authorized by this title.
Utah Code § 54-3-32 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-32
§ 54-3-32. Public utility duties -- Procedure to transfer service to a nonutility energy supplier.
Status: in_force

(1) A transmission provider shall offer to an eligible customer available transmission service under the transmission provider's applicable Federal Energy Regulatory Commission approved open access transmission tariff. (2) Notwithstanding Section 54-3-1, and except for transmission service required to be offered under Subsection (1), a public utility is not required to furnish or provide electric service to an eligible customer if the eligible customer has transferred service to a nonutility energy supplier in accordance with this section. (3) An eligible customer may initiate the transfer of service to a nonutility energy supplier by: (a) providing written notice to the public utility that provides electric service to the eligible customer: (i) no later than18 months before the date the eligible customer intends to transfer service to the nonutility energy supplier; and (ii) stating: (A) that the eligible customer intends to receive service from the nonutility energy supplier; and (B) the date on which the eligible customer intends to commence receiving service from the nonutility energy supplier; and (b) filing a written application with the public utility's transmission provider in accordance with the transmission provider's approved Federal Energy Regulatory Commission open access transmission tariff no later than 240 days before the intended date of transfer of service described in Subsection (3)(a)(ii). (4) (a) Subject to Subsection (4)(c), an eligible customer shall provide written reports to the commission and the public utility updating any change in the intended date of transfer of service described in Subsection (3)(a)(ii): (i) beginning nine months prior to the intended date of transfer of service described in Subsection (3)(a)(ii); and (ii) no less frequently than every three months after the first written report is submitted in accordance with Subsection (4)(a)(i) until the sooner of: (A) the date the notice described in Subsection (3)(a) is withdrawn in accordance with this section; or (B) the date the eligible customer's service is transferred to the nonutility energy supplier. (b) An eligible customer: (i) may withdraw the notice described in Subsection (3)(a) at any time prior to transferring service to a nonutility energy supplier; or (ii) subject to Subsection (4)(c), may delay the intended date of transfer of service described in Subsection (3)(a)(ii). (c) Subject to Subsection (4)(d), the notice described in Subsection (3)(a) is considered to be withdrawn if a transfer of service under this section does not occur before the earlier of: (i) December 31, 2020; or (ii) 18 months after the intended date of transfer of service described in Subsection (3)(a)(ii). (d) A time period provided in Subsection (4)(c) is tolled during any period of delay in a transfer of service to a nonutility energy supplier if the delay is solely attributable to the public utility, the public utility's transmission provider, or a contractor of the public utility or the public utility's transmission provider, in fulfilling the public utility's or the public utility's transmission provider's obligations under relevant law. (5) An eligible customer that transfers service to a nonutility energy supplier shall pay, or receive credit for: (a) any amounts due to the public utility for electric service provided to the eligible customer in accordance with a tariff or the eligible customer's contract for service; (b) all balancing account costs, major plant addition costs, and any other surcharges or credits: (i) attributable to the service provided to the eligible customer; and (ii) incurred prior to the eligible customer's transfer of service to the nonutility energy supplier; (c) all costs of metering, communication, and other facilities or equipment necessary to transfer the eligible customer's service to the nonutility energy supplier; (d) all costs of transmission and ancillary services necessary for the eligible customer to receive service from the nonutility energy supplier; and (e) any costs assessed to the eligible customer in accordance with Subsection (6). (6) (a) The Division of Public Utilities shall file a petition with the commission as provided in this section: (i) no earlier than 12 months but no later than eight months before the later of: (A) the intended date of transfer of service described in Subsection (3)(a)(ii); or (B) if the eligible customer updates a change in the intended date of transfer of service in accordance with Subsection (4), the intended date of transfer of service stated in the written report described in Subsection (4); or (ii) at any time earlier than the time period described in Subsection (6)(a)(i) if agreed to by the public utility, the Division of Public Utilities, the Office of Consumer Services, and the eligible customer. (b) A petition under Subsection (6)(a) shall seek a determination by the commission of whether the eligible customer's intended transfer of service to a nonutility energy supplier will result in: (i) costs or credits allocated to Utah under any interjurisdictional cost allocation methodology the commission reasonably expects to be in effect as of: (A) the intended date of transfer of service described in Subsection (3)(a)(ii); or (B) if the eligible customer updates a change in the intended date of transfer of service in accordance with Subsection (4), the intended date of transfer of service stated in the written report described in Subsection (4); (ii) (A) costs of facilities used to serve the eligible customer if the costs will not be recovered from the eligible customer and the facilities will not be used by other customers as a direct result of the eligible customer transferring service to a nonutility energy supplier; and (B) any credits to offset the costs of facilities described in Subsection (6)(b)(ii)(A); and (iii) any other costs to the public utility or to other customers of the public utility. (c) In making its determination under Subsection (6)(b), the commission may consider: (i) the benefits from resources, the costs of which are attributable to the eligible customer's load; (ii) the cost of resources attributable to the eligible customer's load compared to the cost of new resources; (iii) other credits and public interest considerations related to the eligible customer; and (iv) any other issue raised by a party to the proceeding or any other issue the commission determines to be relevant. (d) If the eligible customer's load was not substantially offset by the eligible customer's generation in the public utility's load forecast used in the public utility's 2013 integrated resource plan, the commission shall require the eligible customer to pay to the public utility, for the benefit of Utah customers, any costs described in Subsection (6)(b) the commission orders the eligible customer to pay. (e) If the eligible customer's load was substantially offset by the eligible customer's generation in the public utility's load forecast used in the public utility's 2013 integrated resource plan, the commission, in its discretion, based on substantial evidence and taking into consideration the public interest, shall determine the reasonable amount: (i) (A) the eligible customer is required to pay to the public utility, for the benefit of Utah customers, for the costs the commission determines in accordance with Subsection (6)(b)(i); and (B) the public utility is required to pay to the eligible customer, at a cost to be recovered from Utah customers, for any credits the commission determines in accordance with Subsection (6)(b)(i); (ii) the following are required to pay to the public utility, for the costs or credits the commission determines in accordance with Subsection (6)(b)(ii): (A) the eligible customer; (B) other customers of the public utility; or (C) the eligible customer and other customers of the public utility; and (iii) the other customers of the public utility are required to pay to the public utility, for any costs the commission determines in accordance with Subsection (6)(b)(iii). (f) (i) The commission shall issue a decision on the petition filed in accordance with Subsection (6)(a) no later than 180 days after the Division of Public Utilities files the petition. (ii) If the commission does not issue a decision within the time period required by Subsection (6)(f)(i), the commission shall allow the public utility to recover costs the commission determines in accordance with Subsection (6)(b), but may not impose any of those costs on the eligible customer. (7) A public utility and an eligible customer may agree in writing to waive a time period described in Subsection (4) as necessary to facilitate the eligible customer to receive service from a nonutility energy supplier. (8) (a) Subject to Subsection (8)(b), an eligible customer shall arrange for the installation of any facilities and equipment necessary for the eligible customer to receive service from a nonutility energy supplier: (i) at the cost of the eligible customer; and (ii) in compliance with the public utility's applicable equipment standards and industry codes. (b) The facilities and equipment described in Subsection (8)(a) may be installed by: (i) the public utility; (ii) the nonutility energy supplier; or (iii) a third party contractor. (9) An eligible customer may commence service from a nonutility energy supplier if: (a) the eligible customer makes the payments described in Subsection (5); (b) the eligible customer meets the requirements of Subsection (3); (c) the eligible customer, or a designee of the eligible customer, enters into any necessary agreements for: (i) the public utility's transmission provider to provide transmission service; and (ii) the nonutility energy supplier to provide service; (d) the installation described in Subsection (8) is completed; and (e) the notice described in Subsection (3)(a) is not considered to be withdrawn under Subsection (4). (10) (a) If an eligible customer that has been receiving electricity from a nonutility energy supplier gives the public utility and the commission at least 36 months' prior written notice of the eligible customer's intention to reinstate electric service from the public utility, the public utility shall reinstate electric service to the eligible customer: (i) under substantially the same terms as a new customer; (ii) beginning 36 months after the date the public utility receives the written notice; and (iii) (A) at rates stated in the public utility's applicable rate schedule; or (B) at a special contract rate agreed upon by the public utility and the eligible customer and approved by the commission. (b) The notice described in Subsection (10)(a) is irrevocable unless, during the time period beginning on the date the eligible customer provides the notice described in Subsection (10)(a) and ending on the date the public utility reinstates service, the public utility is no longer a vertically integrated utility providing electric service that includes generation and transmission. (c) If an eligible customer that has transferred service to a nonutility energy supplier elects to reinstate electric service from a public utility and receives the electric service from the public utility, the eligible customer may not transfer service to a nonutility energy supplier under this section.
Utah Code § 54-10a-102 — Utah Code / Title 54 / Chapter 54-10a / § 54-10a-102
§ 54-10a-102. Definitions.
Status: in_force

For the purpose of this chapter: (1) "Applicable public utility" means a public utility in this state for: (a) natural gas; (b) electricity; or (c) telephone. (2) "Committee" means the Committee of Consumer Services created in Section 54-10a-202. (3) "Director" means the director of the office appointed under Section 54-10a-201. (4) "Office" means the Office of Consumer Services created in Section 54-10a-201. (5) "Residential consumer" is a customer or user of an applicable public utility who maintains a permanent residence within the state. (6) "Small commercial consumer" is a person conducting a business enterprise, agriculture enterprise, or other enterprise in the state that has: (a) less than 25 employees; or (b) a gross income less than $1,000,000 annually.
Utah Code § 54-7-13.5 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-13.5
§ 54-7-13.5. Energy balancing accounts.
Status: in_force

(1) As used in this section: (a) "Base rates" means the same as that term is defined in Subsection 54-7-12(1). (b) "Energy balancing account" means an electrical corporation account for some or all components of the electrical corporation's incurred actual power costs, including: (i) (A) fuel; (B) purchased power; and (C) wheeling expenses; and (ii) the sum of the power costs described in Subsection (1)(b)(i) less wholesale revenue. (c) "Gas balancing account" means a gas corporation account to recover on a dollar-for-dollar basis, purchased gas costs, and gas cost-related expenses. (2) (a) The commission may authorize an electrical corporation to establish an energy balancing account. (b) An energy balancing account shall become effective upon a commission finding that the energy balancing account is: (i) in the public interest; (ii) for prudently-incurred costs; and (iii) implemented at the conclusion of a general rate case. (c) An electrical corporation: (i) may, with approval from the commission, recover costs under this section through: (A) base rates; (B) contract rates; (C) surcredits; or (D) surcharges; and (ii) shall file a reconciliation of the energy balancing account with the commission at least annually with actual costs and revenue incurred by the electrical corporation. (d) For an electrical corporation with an energy balancing account established before January 1, 2016, the commission shall allow an electrical corporation to recover 100% of the electrical corporation's prudently incurred costs as determined and approved by the commission under this section. (e) Except in the case of an interim rate request made in accordance with Subsection (2)(k), an energy balancing account may not alter: (i) the standard for cost recovery; or (ii) the electrical corporation's burden of proof. (f) The collection method described in Subsection (2)(c)(i) shall: (i) apply to the appropriate billing components in base rates; and (ii) be incorporated into base rates in an appropriate commission proceeding. (g) The collection of costs related to an energy balancing account from customers paying contract rates shall be governed by the terms of the contract. (h) Revenue collected in excess of prudently incurred actual costs shall: (i) be refunded as a bill surcredit to an electrical corporation's customers over a period specified by the commission; and (ii) include a carrying charge. (i) Prudently incurred actual costs in excess of revenue collected shall: (i) be recovered as a bill surcharge over a period to be specified by the commission; and (ii) include a carrying charge. (j) The carrying charge applied to the balance in an energy balancing account shall be: (i) determined by the commission; and (ii) symmetrical for over or under collections. (k) (i) The commission may consider an interim rate request made as a part of an electrical corporation's filing an energy balancing account. (ii) The commission, on the commission's own initiative or in response to an interim rate request by an electrical corporation or another party: (A) shall hold a hearing on an interim rate; and (B) if the electrical corporation or the other party makes the showing required by Subsection (2)(k)(iii), may allow any rate increase or decrease, or a reasonable part of the rate increase or decrease, to take effect on an interim basis, subject to the commission's right to order a refund or surcharge. (iii) The electrical corporation or the other party shall make an adequate prima facie showing that: (A) the proposed interim rate appears consistent with prior years' filings; and (B) the interim rate requested is more likely to reflect actual power costs than the current base rates. (l) The commission may issue a final order establishing and fixing the electrical corporation's energy balancing account: (i) after a hearing; and (ii) before the expiration of 300 days after the day on which the electrical corporation files a complete filing. (m) (i) If the commission in the commission's final decision on an electrical corporation's energy balancing account finds that the interim rate ordered under Subsection (2)(k)(ii) exceeds the rate finally determined in the energy balancing account, the commission shall order the electrical corporation to refund the excess revenue generated by the interim rate to customers. (ii) If the commission in the commission's final decision on an electrical corporation's energy balancing account finds that the interim rate ordered under Subsection (2)(k)(ii) is lower than the rate finally determined in the energy balancing account, the commission shall order the electrical corporation to charge a surcharge to customers to recover the revenue not recovered during that period. (3) (a) The commission may: (i) establish a gas balancing account for a gas corporation; and (ii) set forth procedures for a gas corporation's gas balancing account in the gas corporation's commission-approved tariff. (b) A gas balancing account may not alter: (i) the standard of cost recovery; or (ii) the gas corporation's burden of proof. (4) (a) All allowed costs and revenue associated with an energy balancing account or gas balancing account shall remain in the respective balancing account until charged or refunded to customers. (b) The balance of an energy balancing account or gas balancing account may not be: (i) transferred by the electrical corporation or gas corporation; or (ii) used by the commission to impute earnings or losses to the electrical corporation or gas corporation. (c) An energy balancing account or gas balancing account that is formed and maintained in accordance with this section does not constitute impermissible retroactive ratemaking or single-issue ratemaking. (5) This section does not create a presumption for or against approval of an energy balancing account. (6) (a) An electrical corporation that has established an energy balancing account under this section shall report to the Public Utilities, Energy, and Technology Interim Committee before December 1 of each even numbered year. (b) The report required in Subsection (6)(a) shall provide information regarding: (i) the continued 100% recovery of the electrical corporation's prudently incurred costs related to the energy balancing account; and (ii) any determination by the commission of costs not prudently incurred.
Utah Code § 54-10a-302 — Utah Code / Title 54 / Chapter 54-10a / § 54-10a-302
§ 54-10a-302. Powers of committee.
Status: in_force

By a majority vote of a quorum of the committee, the committee may: (1) advise the director as to a duty or power of the office under Section 54-10a-301; and (2) give direction to the director on a policy objective related to a duty or power of the office under Section 54-10a-301 that serves the needs of residential consumers and small commercial consumers.
Utah Code § 54-14-308 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-308
§ 54-14-308. Judicial review in formal adjudicative proceedings.
Status: in_force

The Court of Appeals has jurisdiction to review any decision of the board in a formal adjudicative proceeding as described in Sections 63G-4-403 and 78A-4-103.
Utah Code § 54-26-501 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-501
§ 54-26-501. Large-scale generation provider requirements.
Status: in_force

(1) A large-scale generation provider shall: (a) register with the commission before providing service to a large load customer; (b) maintain any reasonable technical and financial qualifications required by the commission; (c) provide service only through qualifying generation resources as required in this part; and (d) post security: (i) as reasonably negotiated with a large load customer; (ii) as required by contract with a transmission provider; or (iii) as required by the commission for services to be provided by a qualified electric utility. (2) A large-scale generation provider shall submit to the commission: (a) proof of compliance with Subsection (1); (b) proof of financial capability as reasonably negotiated with the large load customer; (c) the provider's operational history and experience; (d) a description of the portfolio of qualifying generation resources the provider intends to use to serve the large load customer without reliance on any qualified electric utility, cooperative utility, municipal utility, or other utility except as provided under a large load contract; and (e) documentation of: (i) all required permits obtained for generating sources, including any environmental permits; and (ii) the estimated impact of generating sources on the state implementation plan for air quality.
Utah Code § 54-1-3 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-3
§ 54-1-3. Transaction of business by commissioners -- Quorum -- Proceedings by less than majority or administrative law judge -- Effect of actions.
Status: in_force

(1) A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission. Any action taken by a majority of the commission shall be considered the action of the commission. Any vacancy in the commission shall not impair the right of the remaining commissioners to exercise all the powers of the commission so long as a majority of the commission remains. The commission may hold hearings at any time or place within or without the state. (2) (a) The following proceedings shall be heard by at least a majority of the commissioners: (i) general rate proceedings to establish rates for public utilities which have annual revenues generated from Utah utility service in excess of $200,000,000; or (ii) any proceeding which the commission determines involves an issue of significant public interest. (b) If a commission proceeding requiring a majority has commenced and the unavoidable absence of one or more commissioners results in less than a majority being available to continue the proceeding, the proceeding may continue before a single commissioner or specified administrative law judge only upon agreement of the involved public utility and, if it is a party, the Division of Public Utilities. (3) Any other investigation, inquiry, hearing or proceeding which the commission has power to undertake may be conducted before less than a majority of the commission or before an administrative law judge appointed by the commission. (4) All proceedings conducted before less than a majority of the commission or before an administrative law judge shall be considered proceedings of the commission and the findings, orders, and decisions made by less than a majority of the commission or by an administrative law judge, when approved and confirmed by the commission and filed in its office, shall be considered findings, orders, and decisions of the commission and shall have the same effect as if originally made by the commission.
Utah Code § 54-8-7 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-7
§ 54-8-7. Reports of utilities -- Recommendations -- Estimate of costs.
Status: in_force

The public utility or utilities report shall set forth an estimate of the total underground conversion costs and shall also indicate the costs of underground conversion of facilities of the public utility corporations located within the boundaries of the various parcels or lots then receiving service. The report shall also contain the public utility corporations' recommendations concerning the feasibility of the project for the district proposed in so far as the physical characteristics of the district and the facilities of the public utilities within the district are concerned. The report shall make recommendations by the public utility corporations concerning inclusion or exclusion of areas within the district or immediately adjacent to the district. The governing body shall give careful consideration to the public utility corporations' recommendations concerning feasibility, recognizing their expertise in this area, and may amend the boundaries of the proposed improvement district provided that the costs and feasibility report of the public utilities contains a cost figure on the district as amended or it may request a new costs and feasibility report from the public utilities concerned on the basis of the amended district. The cost estimate contained in the report shall not be considered binding on the utilities if construction is not commenced within six months of the submission of the estimate for reasons not within the control of the utility. Should such a delay result in a significant increase of the conversion costs, new hearings shall be held on the creation of the district. In the event that only a minor increase results, only the hearing on the assessments need be held again.
Utah Code § 54-4-37 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-37
§ 54-4-37. Definitions -- Unauthorized charge to account -- Penalties -- Procedures for verification -- Authority of commission and Division of Public Utilities.
Status: in_force

(1) For purposes of this section: (a) "Agents" includes any person representing a public utility for purposes of billing for a service or merchandise from a third-party supplier. (b) "Billing aggregator" means any person that: (i) initiates charges; (ii) combines or aggregates charges from third-party suppliers of services or merchandise; or (iii) (A) creates bills for account holders; and (B) passes these bills for the billing of account holders to: (I) another billing aggregator; or (II) a public utility. (c) (i) "Public utility" is as defined in Section 54-2-1. (ii) "Public utility" does not include a telecommunications corporation providing only mobile wireless service or Internet access. (d) "Subscriber" means a person or government or a person acting legally on behalf of a person or government who authorizes a charge from a third-party provider of service or merchandise. (e) (i) "Third party" means any person other than the account holder and the public utility. (ii) "Third party" includes: (A) a billing aggregator; (B) a public utility; (C) a nonpublic utility provider of services and merchandise; (D) those persons billing for services or merchandise; and (E) those persons verifying a subscriber's authorization. (iii) "Third party" does not include: (A) an affiliated or subsidiary company of a public utility whose charges the commission determines by rule would be reasonably associated by a subscriber with the type of charges that would appear on that particular public utility's bill; (B) a presubscribed local or long distance telecommunications corporation or its affiliated or subsidiary company as to charges for local or long distance telephone, data, or wireless services. (2) This section does not apply to: (a) telecommunications services that are used, initiated, or requested by the customer, including dial-around services such as: (i) 10-10-XXX; (ii) 1-900 numbers; (iii) directory assistance; (iv) operator-assisted calls; (v) acceptance of collect calls; and (vi) other casual calling by the customer; (b) changes in telecommunications providers regulated by Section 54-8b-18; (c) the provision of any charges for financing by an affiliated or subsidiary company of a public utility in connection with the purchase of services or merchandise if there is a written agreement for the financing between the customer and the affiliated or subsidiary company; or (d) except for Subsections (5) and (6), services provided by any of the following that are billed through a public utility: (i) a city; (ii) a town; or (iii) a county. (3) Pursuant to this section, a public utility may not charge an account holder for services the account holder never: (a) ordered; or (b) knowingly authorized. (4) A public utility shall ensure that its account holders receive: (a) identification of a third-party provider of services or merchandise; (b) upon subscriber request, toll-free numbers to enable a subscriber to contact the third party to resolve disputes; (c) a clear, concise description of services or merchandise being billed; (d) highlight or identification of each service or merchandise different from prior billing cycle services or merchandise; (e) clear identification of the payment amount needed for each service or merchandise to ensure that any public utility service will continue; (f) prompt and courteous treatment of all disputed charges; and (g) information about the provisions in Subsections (5) and (6). (5) (a) Unless specifically instructed by the account holder, each public utility shall first apply all payments received to the account holder's bill for the public utility's own tariffed utility services. (b) Any remaining credit after the application of payment under Subsection (5)(a) shall be allocated proportionally to other charges, unless otherwise specified by the account holder. (6) A public utility may not disconnect or threaten disconnection of any account holder's basic utility service for failure to pay third-party charges. (7) Accounts receivable purchased by a public utility from third parties may not be treated as public utility charges regardless of the service or product upon which the account receivable is based. (8) (a) If an account holder informs the public utility that a third-party service or merchandise charge is neither knowingly used nor authorized, or the charge in whole or part is disputed, the public utility shall: (i) (A) immediately credit the account holder's account for the disputed amount; and (B) refer the matter back to the third party for collection; or (ii) suspend the account holder's obligation of payment of the disputed amount until it is determined whether the charge was either knowingly used or authorized. (b) The public utility may not request the account holder to contact the third party to resolve the dispute prior to applying the credit under Subsection (8)(a). (c) The disputed charge shall be removed from the public utility's bill to the account holder no later than two billing cycles following the billing cycle during which the complaint or dispute is registered unless it is later determined that the charge was authorized and the account holder is required to pay the charge. (d) Immediately upon the account holder's first complaint or inquiry, the public utility shall inform the account holder of: (i) the process provided in this Subsection (8); and (ii) the account holder's options. (e) Except as provided in Subsection (8)(c), once the charges have been removed from the account holder's utility bill: (i) the third party may not use the utility bill to: (A) rebill the charges; or (B) further attempt to collect the charge; and (ii) the public utility may not allow any further collection attempts by the third party to involve the utility bill. (9) (a) If requested by the account holder, a public utility shall provide the account holder with toll-free numbers supplied by the provider of the service or merchandise, so the account holder may contact the third-party supplier of the services or merchandise billed. (b) The public utility responsibility prescribed by Subsection (9)(a) applies through all layers of third parties, including: (i) public utilities; (ii) service providers; (iii) merchandise providers; (iv) affiliate billing companies; or (v) billing aggregators. (c) A public utility shall perform due diligence to acquire the information required under this Subsection (9) from any provider for whom it bills. (10) A third-party provider of services or merchandise may not request a public utility to bill its charges unless and until it: (a) has provided to the public utility valid toll-free numbers to enable a subscriber to contact the third-party to resolve any disputed charges; (b) has provided updated toll-free numbers to the public utility upon any change in the numbers; and (c) has received authorization from the subscriber for the service or merchandise through: (i) obtaining the subscriber's written authorization; (ii) having the subscriber's oral authorization verified by an independent verifier; or (iii) any means provided by rule of the commission. (11) If the subscriber is not an individual, an authorization shall be valid only if given by an authorized representative of the subscriber. (12) The written authorization for the service or merchandise described in Subsection (10) shall: (a) be signed by the subscriber; and (b) contain a clear, conspicuous, and unequivocal request by the subscriber for the service or merchandise. (13) The confirmation by a verifier shall, at a minimum: (a) (i) confirm the subscriber's identity with information unique to the customer; or (ii) if the customer refuses to provide identifying information, note the fact that the customer would not provide the identifying information; (b) confirm that the subscriber requests the service or merchandise be provided by the third party; and (c) confirm that the subscriber has the authority to request the service or merchandise be provided by the third party. (14) A verifier shall meet each of the following: (a) any criteria set for verifiers by the commission; (b) not be directly or indirectly managed, controlled, directed, or owned wholly or in part by: (i) the public utility on whose bill the charge will appear; (ii) a third-party provider; (iii) an agent of a public utility or third-party provider that seeks to provide the service or merchandise; (iv) a person who directly owns or indirectly manages, controls, directs, or owns more than 5% of the public utility or third-party provider described in Subsection (14)(b)(i) or (ii); (v) the marketing entity that seeks to market the third-party provider's service or merchandise; or (vi) any person who directly or indirectly manages, controls, or owns more than 5% of the marketing entity described in Subsection (14)(b)(v); (c) operate from facilities physically separated from those facilities of: (i) the public utility on whose bill the charge will appear; (ii) the third party or its agents that seek to provide the service or merchandise to the subscriber; or (iii) the marketing entity that seeks to market the third-party provider's service or merchandise to the subscriber; and (d) not derive commissions or compensation based upon the number of authorizations verified. (15) A verifier that obtains the subscriber's oral verification regarding the change shall record that verification by obtaining the appropriate verification data. (16) (a) The record verifying a subscriber's request for a third-party to provide services or merchandise 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 violation of Subsection (16)(b) is grounds for: (i) penalties or other action by the commission; or (ii) remedies provided by law to the aggrieved subscriber against any of the following who is responsible for the violation: (A) the third-party provider; (B) the verifier; (C) an agent or employee of the third-party provider or verifier. (17) The verification shall occur in the same language as that in which the request was solicited. (18) Each public utility shall allow account holders to prohibit the public utility from billing for all or selected third parties for services or merchandise. (19) (a) Each public utility shall maintain monthly records of the number of complaints about unauthorized charges that appear on a public utility bill. (b) The records described in Subsection (19)(a) shall be available to the commission upon request. (20) (a) Proceedings for violations of this section may be commenced by request for agency action filed with the commission by: (i) an account holder; (ii) a public utility; (iii) the Division of Public Utilities; or (iv) the commission on the commissioner's own motion. (b) The remedies provided by this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (21) Any public utility, its agents, or a third-party provider of goods or services who violates this section or rules adopted to implement this section shall be subject to Sections 54-7-23 through 54-7-29. (22) The Division of Public Utilities shall have power to seek injunctive relief to stop repeated unauthorized violations of this section by a public utility or a third-party provider of service or merchandise. (23) The commission is granted authority to: (a) enforce this section; and (b) implement rules to carry out the requirements of the section.
Utah Code § 54-1-1 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-1
§ 54-1-1. Establishment of commission -- Functions -- Participation in Risk Management Fund.
Status: in_force

(1) The Public Service Commission of Utah is established as an independent agency. (2) The Public Service Commission is charged with discharging the duties and exercising the legislative, adjudicative, and rule-making powers committed to it by law and may sue and be sued in its own name. (3) Subject to Subsection 63E-1-304(2), the Public Service Commission may participate in coverage under the Risk Management Fund created by Section 63A-4-201.
Utah Code § 54-21-204 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-204
§ 54-21-204. Wireless provider right of access.
Status: in_force

(1) Subject to the provisions of this part, along, across, upon, or under a right-of-way, a wireless provider may, as a permitted use under the authority's zoning regulation and subject only to administrative review: (a) collocate a small wireless facility; or (b) install, operate, modify, maintain, or replace: (i) a utility pole associated with the wireless provider's collocation of a small wireless facility; or (ii) equipment described in Subsections 54-21-101(25)(b)(i) through (ix) required for a wireless provider's collocation of a small wireless facility. (2) A small wireless facility or utility pole under Subsection (1) may not: (a) obstruct or hinder the usual travel or public safety on a right-of-way; or (b) obstruct, damage, or interfere with: (i) another utility facility in a right-of-way; or (ii) a utility's use of the utility's facility in a right-of-way. (3) Construction and maintenance by the wireless provider shall comply with all applicable legal obligations for the protection of underground and overhead utility facilities.
Utah Code § 54-27-105 — Utah Code / Title 54 / Chapter 54-27 / § 54-27-105
§ 54-27-105. Notification of lack of access or participation.
Status: in_force

(1) If the commission is denied access to data, a process, or participation available to another state regulatory body, or is otherwise unable to obtain information necessary to fulfill the commission's duties under this chapter, the commission shall, within 30 days after the day on which the commission is denied access or is unable to obtain the information, notify: (a) the Legislative Management Committee; and (b) the Public Utilities, Energy, and Technology Interim Committee. (2) The commission's notice described in Subsection (1) shall identify the data, process, or participation that was denied or unavailable and may include a recommendation for remedying the deficiency.
Utah Code § 54-17-402 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-402
§ 54-17-402. Request for review of resource decision.
Status: in_force

(1) Beginning on February 25, 2005, before implementing a resource decision, an energy utility may request that the commission approve all or part of a resource decision in accordance with this part. (2) (a) To obtain the approval permitted by Subsection (1), the energy 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. (c) A request for approval of natural gas infrastructure development shall include: (i) a description of the proposed rural gas infrastructure development project; (ii) an explanation of projected benefits from the proposed rural gas infrastructure development project; (iii) the estimated costs of the rural gas infrastructure development project; and (iv) any other information the commission requires. (3) In ruling on a request for approval of a resource decision, the commission shall determine whether the decision: (a) is reached in compliance with this chapter and rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b) is in the public interest, taking into consideration: (i) (A) the dispatchability of the energy resource; (B) 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 and to make needed dispatchable generation from proven dispatchable energy generation resources available to the bulk electric system to support reliability; (C) whether the proposal is consistent with the state energy policy described in Section 79-6-301; (D) whether it will most likely result in the acquisition, production, and delivery of utility services at the lowest reasonable cost to the retail customers of an energy utility located in this state, including any lowered costs resulting from the ability to sell excess energy generated in an interstate energy market; (E) long-term and short-term impacts; (F) risk; (G) reliability; (H) financial impacts on the energy utility; and (I) other factors determined by the commission to be relevant; or (ii) for a request for approval of rural gas infrastructure development: (A) the potential benefits to previously unserved rural areas; (B) the potential number of new customers; (C) natural gas consumption; and (D) revenues, costs, and other factors determined by the commission to be relevant. (4) In a decision relating to a request for approval of rural gas infrastructure development, the commission may determine that spreading all or a portion of the costs of the rural gas infrastructure development to the larger customer base is in the public interest. (5) (a) If the commission approves a proposed resource decision only in part, the commission shall explain in the order issued under this section why the commission does not approve the resource decision in total. (b) Recovery of expenses incurred in connection with parts of a resource decision that are not approved is subject to the review of the commission as part of a rate hearing under Section 54-7-12. (6) The commission may not approve a resource decision in whole or in part under this section before holding a public hearing. (7) Unless the commission determines that additional time to analyze a resource decision is warranted and is in the public interest, within 180 days of the day on which the energy utility files a request for approval, the commission shall: (a) approve all or part of the resource decision; (b) approve all or part of the resource decision subject to conditions imposed by the commission; or (c) disapprove all or part of the resource decision. (8) The commission shall include in the commission's order under this section: (a) findings as to the approved projected costs of a resource decision; and (b) the basis upon which the findings described in Subsection (8)(a) are made. (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules regarding the process for approval of a resource decision under this section.
Utah Code § 54-3-4 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-4
§ 54-3-4. Joint tariffs.
Status: in_force

The names of the several public utilities which are parties to any joint tariff, rate, fare, toll, contract, classification or charge shall be specified in the schedule or schedules showing the same. Unless otherwise ordered by the commission, a schedule showing such joint tariff, rate, toll, fare, contract, classification or charge need be filed with the commission by only one of the parties to it, provided there is also filed with the commission, in such form as the commission may require, a concurrence in such joint tariff, rate, toll, fare, contract, classification or charge by each of the other parties thereto.
Utah Code § 54-4-7 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-7
§ 54-4-7. Rules, equipment, service -- Regulation after hearing.
Status: in_force

Whenever the commission shall find, after a hearing, that the rules, regulations, practices, equipment, appliances, facilities, or service of any public utility, or the methods of manufacture, distribution, transmission, storage or supply employed by it, are unjust, unreasonable, unsafe, improper, inadequate or insufficient, the commission shall determine the just, reasonable, safe, proper, adequate or sufficient rules, regulations, practices, equipment, appliances, facilities, service or methods to be observed, furnished, constructed, enforced or employed, and shall fix the same by its order, rule or regulation. The commission, after a hearing, shall prescribe rules and regulations for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility, and on proper demand and tender of rates such public utility shall furnish such commodity or render such service within the time and upon the conditions provided in such rules.
Utah Code § 54-8b-15 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-15
§ 54-8b-15. Universal Public Telecommunications Service Support Fund -- Commission duties -- Charges -- Lifeline program.
Status: in_force

(1) For purposes of this section: (a) "Broadband Internet access service" means the same as that term is defined in 47 C.F.R. Sec. 8.2. (b) "Carrier of last resort" means a rate-of-return regulated: (i) incumbent telephone corporation; or (ii) telecommunications corporation that, under Section 54-8b-2.1: (A) has a certificate of public convenience and necessity to provide local exchange service; and (B) has an obligation to provide public telecommunications service to any customer or class of customers that requests service within the local exchange. (c) "Connection" means an authorized session that uses Internet protocol or a functionally equivalent technology standard to enable an end-user to initiate or receive a call from the public switched network. (d) "Fund" means the Universal Public Telecommunications Service Support Fund established in this section. (e) "Rate-of-return regulated" means subject to regulation under Section 54-4-4. (f) "Wholesale broadband Internet access service" means the end-user loop component of Internet access provided by a carrier of last resort that is used to provide, at retail: (i) combined consumer voice and broadband Internet access; or (ii) stand-alone, consumer, broadband-only Internet access. (2) (a) There is established an expendable special revenue fund known as the "Universal Public Telecommunications Service Support Fund." (b) The fund shall provide a mechanism for a qualifying carrier of last resort to obtain specific, predictable, and sufficient funds to deploy and manage, for the purpose of providing service to end-users, networks capable of providing: (i) access lines; (ii) connections; or (iii) wholesale broadband Internet access service. (c) The commission shall develop, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, policies and procedures to govern the administration of the fund. (3) Subject to this section, the commission shall use funds in the Universal Public Telecommunications Service Support Fund to: (a) fund the hearing and speech impaired program described in Section 54-8b-10; (b) fund a lifeline program that covers the reasonable cost to an eligible telecommunications carrier, as determined by the commission, to offer lifeline service consistent with the Federal Communications Commission's lifeline program for low-income consumers; and (c) fund, for the purpose of providing service to end-users, a carrier of last resort's deployment and management of networks capable of providing: (i) access lines; (ii) connections; or (iii) wholesale broadband Internet access service that is consistent with Federal Communications Commission rules. (4) A carrier of last resort is eligible for payment from the Universal Public Telecommunications Service Support Fund if: (a) the carrier of last resort provides the services described in Subsections (3)(c)(i) through (iii); and (b) the carrier of last resort's reasonable costs, as determined by the commission, to provide public telecommunications service and wholesale broadband Internet access service are greater than the sum of: (i) the carrier of last resort's revenue from basic residential service considered affordable by the commission; (ii) the carrier of last resort's regulated revenue derived from providing other public telecommunications service; (iii) the carrier of last resort's revenue from rates approved by the Federal Communications Commission for wholesale broadband Internet access service; and (iv) the amount the carrier of last resort receives from federal universal service funds. (5) A carrier of last resort that qualifies for funds under this section: (a) is entitled to a rate of return equal to the weighted average cost of capital rate of return prescribed by the Federal Communications Commission for rate-of-return regulated carriers; and (b) may use any depreciation method allowed by the Federal Communications Commission. (6) (a) The commission shall determine if a carrier of last resort is correctly applying a depreciation method described in Subsection (5)(b). (b) If the commission determines under Subsection (6)(a) that a carrier of last resort is incorrectly applying a depreciation method or that the carrier of last resort is not using a depreciation method allowed by the Federal Communications Commission, the commission shall issue an order that provides corrections to the carrier of last resort's method of depreciation. (7) A carrier of last resort that receives funds from the Universal Public Telecommunications Service Support Fund may only use the funds in accordance with this section within the area for which the carrier of last resort has a carrier of last resort obligation. (8) (a) Except as provided in Subsection (8)(b), each access line provider and each connection provider shall contribute to the Universal Public Telecommunications Service Support Fund through an explicit charge assessed by the commission on the access line provider or connection provider. (b) The charge described in Subsection (8)(a) does not apply to a prepaid wireless telecommunications service, as defined in Section 69-2-405, that is subject to the service charge described in Subsection 69-2-405(2)(b). (9) The commission shall calculate the amount of each explicit charge described in Subsection (8) using a method developed by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: (a) does not discriminate against: (i) any access line or connection provider; or (ii) the technology used by any access line or connection provider; (b) is competitively neutral; and (c) is a function of an access line or connection provider's: (i) annual intrastate revenue; (ii) number of access lines or connections in the state; or (iii) a combination of an access line or connection provider's annual intrastate revenue and number of access lines or connections in the state. (10) The commission shall develop the method described in Subsection (9) before January 1, 2018. (11) An access line or connection provider that provides mobile telecommunications service shall contribute to the Universal Public Telecommunications Service Support Fund only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq. (12) Nothing in this section shall be construed to enlarge or reduce the commission's jurisdiction or authority, as provided in other provisions of this title. (13) A person that fails to make a required contribution to the fund created by this section, or that fails to comply with a commission directive concerning the person's books, records, or other information required by the commission to administer this section, is subject to applicable penalties. (14) Nothing in this section gives the commission the authority: (a) to regulate broadband Internet access service; (b) to require a carrier of last resort to provide broadband Internet access service; or (c) assess a contribution in violation of the Internet Tax Freedom Act, 47 U.S.C. Sec. 151 note. (15) (a) A facilities-based or nonfacilities-based wireless telecommunication provider is eligible for distributions from the Universal Telecommunications Service Support Fund under the lifeline program described in Subsection (3)(b) for providing lifeline service that is consistent with the Federal Communications Commission's lifeline program for low-income consumers. (b) Except as provided in Subsection (15)(c), the commission may impose reasonable conditions for providing a distribution to a wireless telecommunication provider under the lifeline program described in Subsection (3)(b). (c) The commission may not require a wireless telecommunication provider to offer unlimited local calling to a lifeline customer as a condition of receiving a distribution under the lifeline program described in Subsection (3)(b). (16) The commission shall report to the Public Utilities, Energy, and Technology Interim Committee each year before November 1 regarding: (a) the contribution method described in Subsection (9); (b) the amount of distributions from and contributions to the Universal Public Telecommunications Service Support Fund during the last fiscal year; (c) the availability of services for which Subsection (3) permits Universal Public Telecommunications Service Support Fund funds to be used; and (d) the effectiveness and efficiency of the Universal Public Telecommunications Service Support Fund.
Utah Code § 54-22-103 — Utah Code / Title 54 / Chapter 54-22 / § 54-22-103
§ 54-22-103. Scope of chapter.
Status: in_force

This chapter does not expand or affect the jurisdiction of the commission. An electric entity is not subject to the jurisdiction of the commission unless made subject to the jurisdiction of the commission under a statute other than this chapter.
Utah Code § 54-15-104 — Utah Code / Title 54 / Chapter 54-15 / § 54-15-104
§ 54-15-104. Charges or credits for net electricity.
Status: in_force

(1) Each electrical corporation with a customer participating in a net metering program shall measure net electricity during each monthly billing period, in accordance with normal metering practices. (2) If net metering does not result in excess customer-generated electricity during the monthly billing period, the electrical corporation shall bill the customer for the net electricity, in accordance with normal billing practices. (3) Subject to Subsection (4), if net metering results in excess customer-generated electricity during the monthly billing period: (a) (i) the electrical corporation shall credit the customer for the excess customer-generated electricity based on the meter reading for the billing period at a value that is at least avoided cost, or as determined by the governing authority; and (ii) all credits that the customer does not use during the annualized billing period expire at the end of the annualized billing period; and (b) as authorized by the governing authority, the electrical corporation may bill the customer for customer charges that otherwise would have accrued during that billing period in the absence of excess customer-generated electricity. (4) At the end of an annualized billing period, an electrical corporation's avoided cost value of remaining unused credits described in Subsection (3)(a) shall be granted: (a) to the electrical corporation's low-income assistance programs as determined by the governing authority; or (b) for another use as determined by the governing authority.
Utah Code § 54-3-22 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-22
§ 54-3-22. Required reports.
Status: in_force

Every public utility shall furnish to the commission at such time and in such form as the commission may require a report in which the public utility shall specifically answer all questions propounded by the commission upon or concerning any matter upon which the commission may desire information. The commission shall have authority to require any public utility to file monthly reports of earnings and expenses, and to file periodical or special, or both periodical and special, reports concerning any matter about which the commission is authorized to inquire or to keep itself informed or which it is required to enforce. All reports shall be under oath when required by the commission.
Utah Code § 54-14-103 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-103
§ 54-14-103. Definitions.
Status: in_force

As used in this chapter: (1) "Actual excess cost" means the difference in cost between: (a) the standard cost of a facility; and (b) the actual cost of the facility, including any necessary right-of-way, as determined in accordance with Section 54-14-203. (2) "Board" means the Utility Facility Review Board. (3) "Commencement of construction of a facility" includes the project design and the ordering of materials necessary to construct the facility. (4) "Estimated excess cost" means any material difference in estimated cost between the costs of a facility, including any necessary right-of-way, if constructed in accordance with the requirements of a local government and the standard cost of the facility. (5) (a) "Facility" means a transmission line, a substation, a gas pipeline, a tap, a measuring device, or a treatment device. (b) "Facility" includes a high voltage power line route as defined in Section 54-18-102. (6) (a) "Gas pipeline" means equipment, material, and structures used to transport gas to the public utility's customers, including: (i) pipe; (ii) a compressor; (iii) a pressure regulator; (iv) a support structure; and (v) any other equipment or structure used to transport or facilitate transportation of gas through a pipe. (b) "Gas pipeline" does not include a service line. (7) "Local government": (a) means a city or town as defined in Section 10-1-104 or a county; or (b) may refer to one or more of the local governments in whose jurisdiction a facility is located if a facility is proposed to be located in more than one local government jurisdiction. (8) "Pay" includes, in reference to a local government paying the actual excess cost of a facility, payment by: (a) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts; (b) a special service district under Title 17D, Chapter 1, Special Service District Act; or (c) a private entity other than the public utility pursuant to a regulation or decision of the local government. (9) (a) "Standard cost" means the estimated cost of a facility, including any necessary right-of-way, if constructed in accordance with: (i) the public utility's normal practices; and (ii) zoning, subdivision, and building code regulations of a local government, including siting, setback, screening, and landscaping requirements: (A) imposed on similar land uses in the same zone; and (B) that do not impair the ability of the public utility to provide service to its customers in a safe, reliable, adequate, and efficient manner. (b) With respect to a transmission line, "standard cost" is the cost of any overhead line constructed in accordance with the public utility's normal practices. (c) With respect to a facility of a gas corporation, "standard cost" is the cost of constructing the facility in accordance with the public utility's normal practices. (10) (a) "Substation" means a separate space within which electric supply equipment is located for the purpose of switching, regulating, transforming, or otherwise modifying the characteristics of electricity, including: (i) electrical equipment such as transformers, circuit breakers, voltage regulating equipment, buses, switches, capacitor banks, reactors, protection and control equipment, and other related equipment; (ii) the site at which the equipment is located, any foundations, support structures, buildings, or driveways necessary to locate, operate, and maintain the equipment at the site; and (iii) the structure intended to restrict access to the equipment to qualified persons. (b) "Substation" does not include a distribution pole-mounted or pad-mounted transformer that is used for the final transformation of power to the voltage level utilized by the customer. (11) (a) "Transmission line" means an electrical line, including structures, equipment, plant, or fixtures associated with the electrical line, operated at a nominal voltage of 34,000 volts or above. (b) "Transmission line" includes, for purposes of Title 54, Chapter 18, Siting of High Voltage Power Line Act, an electrical line as described in Subsection (11)(a) operated at a nominal voltage of 230 kilovolts or more.
Utah Code § 54-18-303 — Utah Code / Title 54 / Chapter 54-18 / § 54-18-303
§ 54-18-303. Application for land use permit.
Status: in_force

(1) Before a public utility may file a land use application for a proposed high voltage power line, the public utility shall, in accordance with Subsection (2), identify a proposed corridor in the public utility's land use application after: (a) providing a notice of intent in accordance with Section 54-18-301; and (b) conducting the public workshops in accordance with Section 54-18-302. (2) If a public utility files a land use application for a high voltage power line, the public utility shall comply with the land use application requirements created by a legislative body and land use authority in accordance with Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, and Title 17, Chapter 79, County Land Use, Development, and Management Act. (3) A local government may request cost information for modifications to the utility's proposed corridor in accordance with the provisions of Title 54, Chapter 14, Utility Facility Review Board Act.
Utah Code § 54-8b-16 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-16
§ 54-8b-16. Public Service Commission authority to enforce interconnection service quality standards and interconnection agreements -- Grounds for filing complaint.
Status: in_force

(1) For purposes of this section, "interconnection service quality standards" means specific, measurable criteria that shall be applied to a telecommunications corporation, including obligations pursuant to Section 251 of the Federal Telecommunications Act, regarding the telecommunications corporation's provision of or request for: (a) interconnection services; (b) services for resale; (c) unbundled network elements; and (d) access to operations support systems that support those services and elements. (2) To serve the public interest and to enable the development and growth of competition within the telecommunications market in the state, the commission shall, by order when considered necessary by the commission, enforce: (a) rules regarding interconnection service quality standards adopted by the commission under authority of this chapter; (b) a commission approved interconnection agreement pursuant to Sections 251 and 252 of the Federal Telecommunications Act; and (c) a statement of generally available terms under Section 252(f) of the Federal Telecommunications Act. (3) An aggrieved party may file a complaint under Subsection 54-8b-2.2(1)(e) with the commission for a violation of: (a) the terms of the commission's interconnection service quality rules; (b) the terms or conditions of an interconnection agreement; (c) a statement of generally available terms; or (d) a telecommunications corporations' obligations under the Federal Telecommunications Act. (4) In a proceeding described in Subsection (3), the commission shall have the power to enforce: (a) the terms of the interconnection agreement; (b) the commission's interconnection service quality rules; (c) the statement of generally available terms; or (d) the telecommunications corporation's obligations pursuant to the Federal Telecommunications Act.
Utah Code § 54-14-302 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-302
§ 54-14-302. Staff and support for board.
Status: in_force

The Department of Commerce and the commission shall provide any staff, services, or meeting rooms the board requires to perform its duties.
Utah Code § 54-4-29 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-29
§ 54-4-29. Acquiring voting stock or securities of like utility only on consent of commission.
Status: in_force

Hereafter no public utility shall purchase or acquire any of the voting securities or the secured obligations of any other public utility engaged in the same general line of business without the consent and approval of the Public Service Commission, which shall be granted only after investigation and hearing and finding that such purchase and acquisition of such securities, or obligations, will be in the public interest.
Utah Code § 54-22-101 — Utah Code / Title 54 / Chapter 54-22 / § 54-22-101
§ 54-22-101. Title -- Legislative findings.
Status: in_force

(1) This chapter is known as the "Stray Current or Voltage Remediation Act." (2) The Legislature finds that: (a) to protect livestock and livestock operations, it is necessary and appropriate to establish an actionable level of stray current and voltage that is safely below any level that is capable of harming livestock or adversely affecting the behavior, health, or productivity of livestock; (b) the efficient, effective, and safe generation, transmission, and distribution of electrical energy by electric entities is critical to the well-being of the citizens and the economy of the state; (c) permitting an electric entity to face liability based on a level of stray current or voltage that is incapable of adversely affecting livestock seriously threatens the efficient, effective, and safe generation, transmission, and distribution of electrical energy in the state, as well as the continuing viability of economic activity that depends on electrical energy; (d) to guarantee the sufficient availability of efficient, effective, and safe electrical energy in the state, which requires the continuing operation of electric entities, it is necessary and appropriate for the Legislature to establish a uniform actionable level for an electric entity with respect to stray current and voltage and livestock; and (e) because the actionable level is set sufficiently below any level that is capable of adversely affecting the behavior, health, or productivity of livestock, any potential of harm to livestock from stray current or voltage below this level is highly remote and unexpected.
Utah Code § 54-3-29 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-29
§ 54-3-29. Removal, relocation, or alteration of utility facility in public highway construction or reconstruction -- Notice -- Cooperation.
Status: in_force

(1) As used in this section: (a) "Design-build" means a design-build transportation project for which a design-build transportation project contract is issued, within the meaning of Section 63G-6a-1402. (b) "Municipality" means the same as that term is defined in Section 10-1-104. (c) "Political subdivision" means a: (i) county; (ii) municipality; or (iii) special service district. (d) "Public agency" means an entity of state government or a political subdivision. (e) "Public highway" means a highway, street, road, or alley constructed for public use in the state. (f) "Utility company" means a privately, cooperatively, or publicly owned utility, including a utility owned by a political subdivision, that provides service using a utility facility. (g) "Utility facility" means: (i) a telecommunications, gas, electricity, cable television, water, sewer, or data facility; (ii) a video transmission line; (iii) a drainage and irrigation system; or (iv) a facility similar to those listed in Subsections (1)(g)(i) through (iii) located in, on, along, across, over, through, or under any public highway. (2) If a public agency engages in or proposes to engage in a construction or reconstruction project on a public highway that may require the removal, relocation, or alteration of a utility facility, the public agency shall: (a) contact the association described in Section 54-8a-9, to identify each utility company that may have a utility facility in the area of the construction or reconstruction project; (b) identify a utility company that has an above-ground utility facility in the area of the proposed construction or reconstruction project; and (c) electronically notify each utility company identified in accordance with Subsections (2)(a) and (b). (3) The notice required by Subsection (2)(c) shall: (a) be made as early as practicable and at least 30 days: (i) before the date of the preliminary design or project development meeting; (ii) before the date of an issuance of a request for proposal for a design-build project; or (iii) after a change in scope of a design-build project; (b) include: (i) information concerning the proposed project design; (ii) the proposed date of a required removal, relocation, or alteration of a utility facility; (iii) the federal identifying project number, if applicable; and (c) advise the utility company if the proposed project may qualify for aid for the utility company's expense in removing, relocating, or altering a utility facility. (4) A public agency shall permit a utility company notified under Subsection (2) to participate in the preliminary design or project development meeting or similar meeting at which the project design is addressed. (5) (a) A public agency shall, not less than 30 days after providing notice under Subsection (2) to each utility company, provide the utility company an opportunity to meet with the public agency to allow the utility company to: (i) review project plans; (ii) understand the objectives and funding sources for the proposed project; (iii) provide and discuss recommendations to the public agency that may reasonably eliminate or minimize utility removal, relocation, or alteration costs, limit the disruption of utility company services, or eliminate or reduce the need for present or future utility facility removal, relocation, or alteration; and (iv) provide reasonable schedules to enable coordination of the construction project and removal, relocation, or alteration of a utility facility. (b) If a public agency provides a utility company with reasonable opportunities to meet in accordance with Subsection (5)(a), the utility company's failure to meet does not affect the public agency's ability to proceed with the project. (6) While recognizing the essential goals and objectives of the public highway agency in proceeding with and completing a project, the parties shall use their best efforts to find ways to: (a) eliminate the cost to the utility of relocation of the utility facilities; or (b) if elimination of the costs is not feasible, minimize the relocation costs to the extent reasonably possible. (7) A utility company notified under Subsection (2) shall coordinate with the public agency concerning the utility facility removal, relocation, or alteration, including the scheduling of the utility facility removal, relocation, or alteration. (8) A public agency and a utility company may address the removal, relocation, or alteration of a utility facility in relation to a construction or reconstruction project on a public highway in a franchise agreement in lieu of this section, if the public agency is otherwise permitted to enter into the franchise agreement. (9) This chapter does not affect a public agency's authority over a public right-of-way, including any rule, ordinance, order to relocate a utility as provided in Section 72-6-116, or other valid provision governing the use of the public right-of-way.
Utah Code § 54-5-4 — Utah Code / Title 54 / Chapter 54-5 / § 54-5-4
§ 54-5-4. Penalties.
Status: in_force

Any person or corporation which exercises or attempts to exercise any right or privilege as any such utility during the period for which the operating rights of any such utility are suspended as provided in Section 54-5-3 is guilty of a class B misdemeanor. Each day's violation shall constitute a separate offense. Jurisdiction of such offense shall be held to be in any county in which any part of such transaction of business occurred. Every contract made in violation of this section is unenforceable by such corporation or person.
Utah Code § 54-4-14 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-14
§ 54-4-14. Safety regulation.
Status: in_force

The commission shall have power, by general or special orders, rules or regulations, or otherwise, to require every public utility to construct, maintain and operate its line, plant, system, equipment, apparatus, tracks and premises in such manner as to promote and safeguard the health and safety of its employees, passengers, customers and the public, and to this end to prescribe, among other things, the installation, use, maintenance and operation of appropriate safety or other devices or appliances including interlocking and other protective devices at grade crossings or junctions, and block or other system of signaling, and to establish uniform or other standards of construction and equipment, and to require the performance of any other acts which the health or safety of its employees, passengers, customers or the public may demand, 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 § 54-8-24 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-24
§ 54-8-24. Payment to utilities -- Allowable costs.
Status: in_force

(1) In determining the conversion costs included in the costs and feasibility report required by Section 54-8-7, the public utility corporations shall be entitled to amounts sufficient to repay them for the following, as computed and reflected by the uniform system of accounts approved by the Public Service Commission, Federal Communications Commission, or Federal Power Commission: (a) the original costs less depreciation taken of the existing overhead electric and communication facilities to be removed; (b) the estimated costs of removing such overhead electric and communication facilities, less the salvage value of the facilities removed; (c) if the estimated cost of constructing underground facilities exceeds the original cost of existing overhead electric and communication facilities, then the cost difference between the two; and (d) the cost of obtaining new easements when technical considerations make it reasonably necessary to utilize easements for the underground facilities different from those used for aboveground facilities, or where the pre-existing easements are insufficient for the underground facilities. (2) Notwithstanding Subsection (1), if conversion costs are included in tariffs, rules, or regulations filed with or promulgated by the Public Service Commission such conversion costs shall be the costs included in the costs and feasibility report.
Utah Code § 54-10a-303 — Utah Code / Title 54 / Chapter 54-10a / § 54-10a-303
§ 54-10a-303. Representation of municipal electrical energy utility prohibited.
Status: in_force

The office, director, or committee may not represent, assist, or be an advocate on behalf of a municipality, as defined in Section 10-1-104, that generates, transmits, or distributes electrical energy.
Utah Code § 54-4-27 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-27
§ 54-4-27. Payment of dividends -- Notice -- Restraint.
Status: in_force

(1) No gas or electric corporation doing business in this state shall pay any dividend upon its common stock prior to 30 days after the date of the declaration of such dividend by the board of directors of such utility corporation. (2) Within five days after the declaration of such dividend the management of such corporation shall: (a) notify the utilities commission in writing of the declaration of said dividend, the amount thereof, the date fixed for payment of the same; and (b) publish a notice, including the information described in Subsection (2)(a): (i) in a newspaper having general circulation in the city or town where its principal place of business is located; and (ii) as required in Section 45-1-101. (3) If the commission, after investigation, shall find that the capital of any such corporation is being impaired or that its service to the public is likely to become impaired or is in danger of impairment, it may issue an order directing such utility corporation to refrain from the payment of said dividend until such impairment is made good or danger of impairment is avoided. (4) A court may enforce the order of the commissionand issue a restraining order pending final determination of the action.
Utah Code § 54-8-1 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-1
§ 54-8-1. Short title.
Status: in_force

This act shall be known and cited as the "Utah Underground Conversion of Utilities Law."
Utah Code § 54-17-603 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-603
§ 54-17-603. Renewable energy certificate -- Issuance -- Use to satisfy other requirements.
Status: in_force

(1) The commission shall establish a process for issuance or recognition of a renewable energy certificate. (2) The commission process under Subsection (1) shall provide for the issuance, monitoring, accounting, transfer, and use of a renewable energy certificate, including in electronic form. (3) The commission may: (a) consult with another state or a federal agency and any regional system or trading program to fulfill Subsection (1); and (b) allow use of a renewable energy certificate that is issued, monitored, accounted for, or transferred by or through a regional system or trading program, including the Western Renewable Energy Generation Information System, to fulfill this part's provisions. (4) A renewable energy certificate shall be issued for: (a) qualifying electricity generated on and after January 1, 1995; and (b) the activities of an energy user described in Subsections 10-19-102(11)(e) and 54-17-601(10)(e) on and after January 1, 1995. (5) The person requesting a renewable energy certificate shall affirm that the renewable energy attributes of the electricity have not been traded, sold, transferred, or otherwise used to satisfy another state's renewable energy requirements. (6) (a) For the purpose of satisfying Subsection 54-17-602(1) and the issuance of a renewable energy certificate under this section, a renewable energy source located in this state that derives its energy from solar photovoltaic or solar thermal energy shall be credited for 2.4 kilowatt-hours of qualifying electricity for each 1.0 kilowatt-hour generated. (b) Notwithstanding Subsection (6)(a), the acquisition or construction by an electrical corporation of a renewable energy source that derives its energy from solar photovoltaic or solar thermal energy shall comply with the cost-effectiveness criteria of Subsection 54-17-201(2)(c)(ii). (7) A renewable energy certificate issued under this section: (a) does not expire; and (b) may be banked. (8) The commission may recognize a renewable energy certificate that is issued, monitored, accounted for, or transferred by or through another state or a regional system or trading program, including the Western Renewable Energy Generation Information System, if the renewable energy certificate is for qualifying electricity. (9) A renewable energy certificate: (a) may be used only once to satisfy Subsection 54-17-602(1); (b) may be used for the purpose of Subsection 54-17-602(1) and the qualifying electricity on which the renewable energy certificate is based may be used to satisfy any federal renewable energy requirement; and (c) may not be used if it has been used to satisfy any other state's renewable energy requirement. (10) The commission shall establish procedures and reasonable rates permitting an electrical corporation that is a purchasing utility under Section 54-12-2 to acquire or retain a renewable energy certificate associated with the purchase of power from an independent energy producer.
Utah Code § 54-8-22 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-22
§ 54-8-22. Bonds -- Issuance authorized -- Amount -- Interest -- Additional requirements.
Status: in_force

After the expiration of 30 days from the date of the adoption of the resolution levying the assessments, the county legislative body may issue negotiable interest-bearing bonds in a principal amount not exceeding the unpaid balance of the assessments levied. The bonds shall bear interest at not exceeding 7% per annum, payable semiannually or annually, and shall mature serially over a period not exceeding 20 years, but in no event shall such bonds extend over a longer period of time than the period of time over which such installments of special assessments are due and payable and 90 days thereafter. The bonds shall be of such form and denomination and shall be payable in principal and interest at such times and place, and shall be sold, authorized, and issued in such manner as the county legislative body may determine. The bonds shall be dated no earlier than the date on which the special assessment shall begin to bear interest, and shall be secured by and payable from the irrevocable pledge and dedication of the funds derived from the levy and collection of the special assessments in anticipation of the collection of which they are issued. Any premium received on the sale of the bonds may be applied as other bond proceeds or if not so applied the same shall be placed in the fund for the payment of principal of and interest on the bonds. The bonds shall be callable for redemption from the proceeds of any property sold for the nonpayment of special assessments but not otherwise unless the bonds on the face thereof provide for redemption prior to maturity, and the county legislative body may provide that the bonds shall be redeemable on any interest payment date or dates prior to maturity pursuant to such notice and at such premiums as it deems advisable. The bonds shall be signed by the county executive and the chair of the county legislative body and shall be countersigned by the city recorder or the clerk of the board of the town trustees or the clerk of the county legislative body, whichever is applicable, and one of such signatures may be a facsimile signature. Interest may be evidenced by interest coupons attached to such bonds and signed by a facsimile signature of one of the individuals who signed the bond.
Utah Code § 54-23-103 — Utah Code / Title 54 / Chapter 54-23 / § 54-23-103
§ 54-23-103. Right-of-way crossing -- application for permission.
Status: in_force

(1) (a) Any fiber optic carrier that intends to place a facility across or upon a railroad right-of-way shall submit a request for permission from the railroad prior to placing a facility. (b) A request under this Subsection (1) shall: (i) be in the railroad form of a completed crossing application; (ii) include an engineering design that: (A) shows the location of the proposed crossing and the railroad's property, tracks, and wires that the telecommunications facility will cross; and (B) conforms with guidelines published in the most recent edition of the National Electric Safety Code and American Railway Engineering and Maintenance-of-Way Association standards; and (iii) include the standard crossing fee specified in Section 54-23-105. (2) Unless the railroad provides written or electronic notice to the fiber optic carrier that the proposed crossing is a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, would violate any federal law or regulation applicable to a public transit district, or would violate an agreement between a public transit district and the federal government, the railroad shall approve the application within 35 calendar days after the receipt of a completed application for a crossing. (3) This section applies to: (a) any crossing in existence before May 14, 2019, if an agreement concerning the crossing has expired or has been terminated; and (b) any crossing commenced on or after May 14, 2019. (4) If an applicant that intends to place a facility across or upon a railroad right-of-way at a crossing described in Subsection (3)(a) has paid a collective amount that equals or exceeds the standard crossing fee established under Section 54-23-105 to the railroad during the existence of the crossing, no additional fee may be required.
Utah Code § 54-9-102 — Utah Code / Title 54 / Chapter 54-9 / § 54-9-102
§ 54-9-102. Definitions.
Status: in_force

As used in this chapter: (1) "Common facilities" means all works and facilities: (a) owned or used by two or more public power entities or power utilities; and (b) necessary to the generation, transmission, or distribution of electric power and energy. (2) "Interlocal entity" has the same meaning as provided in Section 11-13-103. (3) "Power utility": (a) means a public agency, as defined in Section 11-13-103, or other person engaged in generating, transmitting, distributing, or marketing electric power and energy; and (b) does not include a public power entity. (4) "Public power entity" means: (a) a city or town that owns a system for the generation, transmission, or distribution of electric power and energy for public or private use; and (b) an interlocal entity.
Utah Code § 54-8b-2.1 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-2.1
§ 54-8b-2.1. Competitive entry.
Status: in_force

(1) Notwithstanding any provision of Section 54-4-25 to the contrary, the commission may issue a certificate to a telecommunications corporation authorizing it to compete in providing local exchange services or other public telecommunications services in all or part of the service territory of an incumbent telephone corporation, except until December 31, 1997, a telecommunications corporation may not receive a certificate to compete in providing local exchange service within any local exchange with fewer than 5,000 access lines that is owned or controlled by an incumbent telephone corporation with fewer than 30,000 access lines in the state. The procedure specified in Subsection (3)(c) for excluding competition within a local exchange with fewer than 5,000 access lines shall apply on December 31, 1997 or thereafter. (2) The commission shall issue a certificate to the applying telecommunications corporation if the commission determines that: (a) the applicant has sufficient technical, financial, and managerial resources and abilities to provide the public telecommunications services applied for; and (b) the issuance of the certificate to the applicant is in the public interest. (3) (a) The commission shall process the application in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (b) Each telecommunications corporation holding a certificate to provide public telecommunications service within the geographic area where an applicant is seeking to provide telecommunications service shall be provided notice of the application and granted automatic status as an intervenor. (c) An intervening incumbent telephone corporation serving fewer than 30,000 access lines in the state may petition the commission to exclude from an application filed pursuant to Subsection (1) any local exchange with fewer than 5,000 access lines that is owned or controlled by the intervening incumbent telephone corporation. Upon finding that the action is consistent with the public interest, the commission shall order that the application exclude such local exchange. (d) The commission shall approve or deny the application under this section within 240 days after it is filed. If the commission has not acted on an application within 240 days, the application is considered granted. (4) If the commission issues a certificate to a competitive telecommunications corporation to provide local exchange services in a local exchange that has fewer than 5,000 lines and that is controlled by an incumbent telephone corporation with fewer than 30,000 access lines in the state, the commission shall impose an obligation upon the competitive telecommunications corporation to provide public telecommunications services to any customer or class of customers who requests service within the local exchange. The competing telecommunications corporation's obligation to serve shall be no greater than that of the incumbent telephone corporation. (5) An incumbent telephone corporation with fewer than 30,000 access lines in the state may not be required to become a carrier of intrastate toll services.
Utah Code § 54-26-101 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-101
§ 54-26-101. Definitions.
Status: in_force

As used in this chapter: (1) "Closed private generation system" means electric generating facilities and associated transmission infrastructure that: (a) is not connected to and operates independently from the transmission system of a qualified electric utility, cooperative utility, municipal utility, or other utility; (b) serves one or more customers with a minimum cumulative electrical demand of 100 megawatts; and (c) serves one or more large load customers through direct connection. (2) "Connected generation system" means electric generating facilities and associated transmission infrastructure that: (a) is connected to and operates in conjunction with the transmission system of a qualified electric utility; (b) serves one or more large load customers through connection to the transmission system of a qualified electric utility; and (c) except as provided in a large load contract, operates independent of the generation resources of any qualified electric utility, cooperative utility, municipal utility, or other utility. (3) "Evaluation" means an assessment that: (a) evaluates the impact of a large-scale service request on a qualified electric utility's systems; (b) identifies any necessary: (i) system modifications or upgrades to the qualified electric utility's system to provide service as requested in a large-scale service request; (ii) generation capacity; or (iii) transmission service requests; (c) provides cost estimates for any required improvements; and (d) establishes an estimated timeline for implementing any necessary system changes. (4) "Large load contract" means a large load construction contract or a large load service contract. (5) "Large load construction contract" means a contract for the construction of large load facilities between: (a) a qualified electric utility or a large-scale generation provider; and (b) a large load customer. (6) "Large load customer" means a current or potential customer in the service territory of a qualified electric utility that: (a) requests electric service under a large-scale service request; or (b) enters into a private generation contract with a large-scale generation provider. (7) "Large load facilities" means facilities and resources reasonably necessary, as determined in an evaluation, to provide safe and reliable electric service as requested in a large-scale service request, including the reasonably allocated share of facilities or upgrades necessary to facilitate a transmission request from a qualified electric utility or large-scale generation provider necessary to serve a large-scale service request. (8) "Large load flexible tariff" means a tariff: (a) pursuant to which a large load customer: (i) will receive components of electric services from a large-scale service provider; or (ii) will reduce demand at periods specified by a large-scale service provider; and (b) under which a large load customer receives components of available electric services from a qualified electric utility to the extent: (i) the qualified electric utility's resources are reasonably expected to be available and sufficient; and (ii) as determined by: (A) agreement with the qualified electric utility; or (B) tariffs approved by the commission. (9) "Large load incremental costs" means all costs reasonably necessary for: (a) the design, engineering, procurement, construction, and completion of: (i) large load facilities; and (ii) any activities required to provide electric service under a large-scale service request; and (b) the long-term operation and maintenance of large load facilities for the duration of any applicable service contract. (10) "Large load service contract" means a contract for the provision of electric service for a large-scale service request between: (a) a qualified electric utility or a large-scale generation provider; and (b) a large load customer. (11) "Large-scale generation provider" means an entity that: (a) is not a qualified electric utility; (b) is registered with the commission in accordance with Section 54-26-501; and (c) owns, operates, or contracts for the output of one or more qualifying generation resources intended to be used to supply certain retail electric services to a large load customer pursuant to a large load contract or a private generation contract. (12) "Large-scale service request" means a request submitted to a qualified electric utility for: (a) new electric service that is expected to reach a cumulative demand of 100 megawatts or greater within five years of the requested initial start date; or (b) additional electric service that is expected to increase a customer's total service level by 100 megawatts or greater within five years of the requested start date for the additional service. (13) "Private generation contract" means a contract for the provision of electric service through a closed private generation system between: (a) a large-scale generation provider; and (b) a large load customer requesting new electric service that is expected to reach a cumulative demand of 100 megawatts or greater within five years of the requested initial start date. (14) "Qualified electric utility" means a large-scale electric utility. (15) "Qualifying generation resources" means one or more electric generating resources that, in combination: (a) if connected to the transmission system of a qualified electric utility: (i) meets or exceeds the resource adequacy standards of the qualified electric utility; (ii) includes sufficient resources and capacity to meet all requirements imposed by the North American Electric Reliability Corporation and the Western Electricity Coordinating Council; and (iii) is capable of satisfying the load and electricity requirements of a large load customer without drawing on any generation or generation services provided by a qualified electric utility, any cooperative utility, municipal utility, or other utility except to the extent such services are provided under a large load contract; or (b) if not connected to the transmission system of a qualified electric utility: (i) is capable of satisfying the load, transmission, and electricity requirements of a large load customer without drawing on any generation or services provided by a qualified electric utility, any cooperative utility, municipal utility, or other utility; and (ii) meets any other reliability standards established by the commission. (16) "Transmission provider" means an entity that: (a) is an affiliate of a qualified electric utility; and (b) (i) owns, operates, or controls facilities located in the state that are used for the transmission of electric energy at voltages above 100 kilovolts; or (ii) provides transmission service under a Federal Energy Regulatory Commission-approved open access transmission tariff.
Utah Code § 54-20-104 — Utah Code / Title 54 / Chapter 54-20 / § 54-20-104
§ 54-20-104. Clean coal technology program.
Status: in_force

(1) Subject to Subsection (2), the commission shall authorize, before July 1, 2017, and, subject to funding, approve a program that authorizes a large-scale electric utility to investigate, analyze, and research clean coal technology. (2) The commission may review the expenditures made by a large-scale electric utility for a program described in Subsection (1) in order to determine if the large-scale electric utility made the expenditures prudently in accordance with the purposes of the program.
Utah Code § 54-7-6 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-6
§ 54-7-6. Fees.
Status: in_force

(1) The commission shall charge and collect the following fees: for filing applications for certificates of convenience and necessity, $100 each; for copies of papers and records not required to be certified or otherwise authenticated by the commission, 15 cents for each folio; for certified copies of official documents and orders filed in its office, 20 cents for each folio, and $2 for every certificate under seal affixed thereto; for certifying a copy of any report made by a public utility, $2; for each certified copy of the annual report of the commission, $3; for certified copies of evidence and proceedings before the commission, 50 cents for each folio in the original copy and 25 cents for each folio in the carbon copies. (2) Fees may not be charged or collected for copies of papers, records, or official documents, except certified copies of evidence and proceedings referred to in this chapter, furnished to public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distributions. However, the commission may fix reasonable charges for publications issued under its authority. (3) All fees charged and collected under this section shall be paid into the treasury of the state to the credit of the funds appropriated for the use of the commission, but fees for certified copies of evidence and proceedings before the commission which are reported by a shorthand reporter may be collected and retained by the official shorthand reporter of the commission pursuant to rules prescribed by the commission.
Utah Code § 54-8-23 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-23
§ 54-8-23. Objection to amount of assessment -- Civil action -- Litigation to question or attack proceedings or legality of bonds -- Notice.
Status: in_force

(1) No special assessment levied under this chapter shall be declared void, nor shall any such assessment or part thereof be set aside in consequence of any error or irregularity permitted or appearing in any of the proceedings under this chapter, but any party feeling aggrieved by any such special assessment or proceeding may bring a civil action to cause such grievance to be adjudicated if such action is commenced prior to the expiration of the period specified in this section. (2) The burden of proof to show that such special assessment or part thereof is invalid, inequitable or unjust shall rest upon the party who brings such suit. (3) Any such litigation shall not be regarded as an appeal within the meaning of the prohibition contained in Section 54-8-18. (4) Every person whose property is subject to such special assessment and who fails to appear during the public hearings on said assessments to raise his objection to such tax shall be deemed to have waived all objections to such levy except the objection that the governing body lacks jurisdiction to levy such tax. (5) For a period of 20 days after the governing body has adopted the enactment authorizing the assessment, any taxpayer in the district shall have the right to institute litigation for the purpose of questioning or attacking the proceedings pursuant to which the assessments have been authorized subject to the provisions of the preceding paragraph. (6) Whenever any enactment authorizing the issuance of any bonds pursuant to the improvement contemplated shall have been adopted such resolution shall be provided for the district, as a class A notice under Section 63G-30-102, for 20 days. (7) For a period of 20 days thereafter, any person whose property shall have been assessed and any taxpayer in the district shall have the right to institute litigation for the purpose of questioning or attacking the legality of such bonds. (8) After the expiration of such 20-day period, all proceedings theretofore had by the governing body, the bonds to be issued pursuant thereto, and the special assessments from which such bonds are to be paid, shall become incontestable, and no suit attacking or questioning the legality thereof may be instituted in this state, and no court shall have the authority to inquire into such matters.
Utah Code § 54-4-4 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-4
§ 54-4-4. Classification and fixing of rates after hearing.
Status: in_force

(1) (a) The commission shall take an action described in Subsection (1)(b), if the commission finds after a hearing that: (i) the rates, fares, tolls, rentals, charges, or classifications demanded, observed, charged, or collected by any public utility for, or in connection with, any service, product, or commodity, including the rates or fares for excursion or commutation tickets, or that the rules, regulations, practices, or contracts affecting the rates, fares, tolls, rentals, charges, or classifications are: (A) unjust; (B) unreasonable; (C) discriminatory; (D) preferential; or (E) otherwise in violation of any provisions of law; or (ii) the rates, fares, tolls, rentals, charges, or classifications described in Subsection (1)(a)(i) are insufficient. (b) If the commission makes a finding described in Subsection (1)(a), the commission shall: (i) determine the just, reasonable, or sufficient rates, fares, tolls, rentals, charges, classifications, rules, regulations, practices, or contracts to be thereafter observed and in force; and (ii) fix the determination described in Subsection (1)(b)(i) by order as provided in this section. (2) The commission may: (a) investigate: (i) one or more rates, fares, tolls, rentals, charges, classifications, rules, regulations, contracts, or practices of any public utility; or (ii) one or more schedules of rates, fares, tolls, rentals, charges, classifications, rules, regulations, contracts, or practices of any public utility; and (b) establish, after hearing, new rates, fares, tolls, rentals, charges, classifications, rules, regulations, contracts, practices, or schedules in lieu of them. (3) (a) If in the commission's determination of just and reasonable rates the commission uses a test period, the commission shall select a test period that, on the basis of evidence, the commission finds best reflects the conditions that a public utility will encounter during the period when the rates determined by the commission will be in effect. (b) In establishing the test period determined in Subsection (3)(a), the commission may use: (i) a future test period that is determined on the basis of projected data not exceeding 20 months from the date a proposed rate increase or decrease is filed with the commission under Section 54-7-12; (ii) a test period that is: (A) determined on the basis of historic data; and (B) adjusted for known and measurable changes; or (iii) a test period that is determined on the basis of a combination of: (A) future projections; and (B) historic data. (c) If pursuant to this Subsection (3), the commission establishes a test period that is not determined exclusively on the basis of future projections, in determining just and reasonable rates the commission shall consider changes outside the test period that: (i) occur during a time period that is close in time to the test period; (ii) are known in nature; and (iii) are measurable in amount. (4) (a) If, in the commission's determination of just, reasonable, or sufficient rates, the commission considers the prudence of an action taken by a public utility or an expense incurred by a public utility, the commission shall apply the following standards in making its prudence determination: (i) ensure just and reasonable rates for the retail ratepayers of the public utility in this state; (ii) focus on the reasonableness of the expense resulting from the action of the public utility judged as of the time the action was taken; (iii) determine whether a reasonable utility, knowing what the utility knew or reasonably should have known at the time of the action, would reasonably have incurred all or some portion of the expense, in taking the same or some other prudent action; and (iv) apply other factors determined by the commission to be relevant, consistent with the standards specified in this section. (b) The commission may find an expense fully or partially prudent, up to the level that a reasonable utility would reasonably have incurred.
Utah Code § 54-7-11 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-11
§ 54-7-11. Complaints by utilities -- Procedure.
Status: in_force

Any public utility may request agency action by the commission on any of the grounds upon which requests for agency action are allowed to be filed by other parties. The commission shall follow the same procedure as in other cases.
Utah Code § 54-15-105.1 — Utah Code / Title 54 / Chapter 54-15 / § 54-15-105.1
§ 54-15-105.1. Determination of costs and benefits -- Determination of just and reasonable charge, credit, or ratemaking structure.
Status: in_force

The governing authority shall: (1) determine, after appropriate notice and opportunity for public comment, whether costs that the electrical corporation or other customers will incur from a net metering program will exceed the benefits of the net metering program, or whether the benefits of the net metering program will exceed the costs; and (2) determine a just and reasonable charge, credit, or ratemaking structure, including new or existing tariffs, in light of the costs and benefits.
Utah Code § 54-7-25 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-25
§ 54-7-25. Violations by utilities -- Penalty.
Status: in_force

(1) Any public utility that violates or fails to comply with this title or any rule or order issued under this title, in a case in which a penalty is not otherwise provided for that public utility, is subject to a penalty of not less than $500 nor more than $2,000 for each offense. (2) Any violation of this title or any rule or order of the commission by any corporation or person is a separate and distinct offense. In the case of a continuing violation, each day's continuance of the violation shall be a separate and distinct offense. (3) In construing and enforcing the provisions of this title relating to penalties, the act, omission, or failure of any officer, agent, or employee of any public utility acting within the scope of the officer's, agent's, or employee's official duties or employment shall in each case be deemed to be the act, omission, or failure of that public utility.
Utah Code § 54-4-12 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-12
§ 54-4-12. Telegraph and telephone -- Connections -- Joint rates -- Division of costs.
Status: in_force

Whenever the commission shall find, after a hearing, that a physical connection can reasonably be made between the lines of two or more telephone corporations, or two or more telegraph corporations, whose lines can be made to form a continuous line of communication by the construction and maintenance of suitable connections for the transfer of messages or conversations, and that public convenience and necessity will be subserved thereby, or shall find that two or more telegraph or telephone corporations have failed to establish joint rates, tolls or charges for service by or over their said lines and that joint rates, tolls or charges ought to be established, the commission may, by its order, require that such connection be made, except where the purpose of such connection is primarily to secure the transmission of local messages or conversations between points within the same city or town, and that conversations be transmitted and messages transferred over such connections under such rules and regulations as the commission may establish and prescribe, and that through lines and joint rates, tolls and charges be made and be used, observed and be in force in the future. If such telephone or telegraph corporations do not agree upon the division between themselves of the cost of such physical connection or connections, or upon the division of the joint rates, tolls or charges established by the commission over such through lines, the commission shall have authority, after a further hearing, to establish such division by supplemental order.
Utah Code § 54-8-14 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-14
§ 54-8-14. Declaration of costs -- Contents of resolution.
Status: in_force

After the preparation of the proposed assessment list, the governing body shall cause to be prepared for adoption at the hearing hereinafter provided for, a resolution declaring the entire cost of the improvement including the cost of construction as determined from the costs and feasibility report and other incidental costs, legal and fiscal fees and costs, the cost of the publication of notices and all other costs properly incident to the construction of the improvement and the financing thereof. Such resolution shall specify what share, if any, of the total cost is payable from sources other than the imposition of assessments and shall incorporate the proposed assessment list provided for in Section 54-8-13.
Utah Code § 54-7-1 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-1
§ 54-7-1. Settlement -- Limitation of issues.
Status: in_force

(1) Informal resolution, by agreement of the parties, of matters before the commission is encouraged as a means to: (a) resolve disputes while minimizing the time and expense that is expended by: (i) public utilities; (ii) the state; and (iii) consumers; (b) enhance administrative efficiency; or (c) enhance the regulatory process by allowing the commission to concentrate on those issues that adverse parties cannot otherwise resolve. (2) (a) The commission may approve any agreement after considering the interests of the public and other affected persons to use a settlement proposal to resolve a disputed matter. (b) The commission shall reserve to the parties the right to maintain appropriate confidentiality in the negotiation process even when the commission uses a settlement proposal to resolve a disputed matter. (3) (a) At any time before or during an adjudicative proceeding before the commission, the parties, between themselves or with the commission or a commissioner, may engage in settlement conferences and negotiations. (b) In accordance with this Subsection (3), the commission may adopt any settlement proposal entered into by two or more of the parties to an adjudicative proceeding. (c) The commission shall notify all parties to an adjudicative proceeding of the terms of any settlement proposal related to the adjudicative proceeding. (d) (i) The commission may adopt a settlement proposal if: (A) the commission finds that the settlement proposal is just and reasonable in result; and (B) the evidence, contained in the record, supports a finding that the settlement proposal is just and reasonable in result. (ii) When considering whether to adopt a settlement proposal, the commission shall consider the significant and material facts related to the case. (e) (i) The commission may adopt a settlement proposal related to an adjudicative proceeding at any stage of the adjudicative procedure. (ii) The commission shall conduct a hearing before adopting a settlement proposal if requested by: (A) any party initiating the adjudicative proceeding; (B) any party against whom the adjudicative proceeding is initiated; or (C) an intervening party to the adjudicative proceeding. (f) The commission shall accept or reject a settlement proposal within a reasonable time. (4) In cases or procedures involving rate increases as defined in Section 54-7-12, the commission may limit the factors and issues to be considered in its determination of just and reasonable rates.
Utah Code § 54-9-105 — Utah Code / Title 54 / Chapter 54-9 / § 54-9-105
§ 54-9-105. Limitations on liability.
Status: in_force

(1) (a) Each public power entity and power utility may be held liable only for its own acts, omissions, and obligations with respect to the planning, financing, construction, acquisition, administration, operation, ownership, repair, or maintenance of the common facilities and may not be jointly or severally liable for the acts, omissions, or obligations of others. (b) Subsection (1)(a) may not be construed to: (i) affect the liability of a public power entity or power utility with respect to its contractual obligations, including a contractual obligation to indemnify a construction, operation, or administrative agent for the common facilities; or (ii) affect an immunity or other protection that may be available to a public power entity or power utility under applicable law. (2) No money, materials, or other contribution supplied by a public power entity may be credited or otherwise applied to the account of any other owner in the common facilities, nor may the undivided share of a public power entity be charged, directly or indirectly, with any debt or obligation of any other owner or be subject to any lien as a result thereof. (3) No action in connection with common facilities may be binding upon a public power entity unless the action or the agreement under which the action is taken is authorized or approved by a resolution or ordinance of its governing body.
Utah Code § 54-4-4.1 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-4.1
§ 54-4-4.1. Rules to govern rates.
Status: in_force

(1) The commission may, by rule or order, adopt any method of rate regulation that is: (a) consistent with this title; (b) in the public interest; and (c) just and reasonable. (2) In accordance with Subsection (1), a method of rate regulation may include: (a) rate designs utilizing: (i) volumetric rate components; (ii) demand rate components; (iii) fixed rate components; and (iv) variable rate components; (b) rate stabilization methods; (c) decoupling methods; (d) incentive-based mechanisms; and (e) other components, methods, or mechanisms approved by the commission.
Utah Code § 54-14-306 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-306
§ 54-14-306. Action required of local government following board decision.
Status: in_force

(1) If the board decides that a facility permitted to be constructed by a local government is subject to requirements or conditions that impose an estimated excess cost but do not impair the provision of safe, reliable, and adequate service to customers of the public utility, the local government shall, within 20 days following the decision of the board, determine whether it will impose the requirement or conditions imposing an estimated excess cost or issue the permit, authorization, approval, exception, or waiver without the requirements or conditions imposing an estimated excess cost. (2) If the board decides that a facility should be constructed that the local government has prohibited, the local government shall, within 60 days following the decision of the board, issue the permit, authorization, approval, exception, or waiver consistent with the decision of the board. (3) The local government may impose requirements or conditions pursuant to its zoning, subdivision, or building code regulations if: (a) the requirements or conditions do not impair safe, reliable, and adequate service to the customers of the utility; and (b) the local government enters into an agreement with the public utility within the 20-day time limit specified by Subsection (1) or the 60-day time limit specified by Subsection (2) to pay for the actual excess cost to the public utility, except any actual excess costs specified in Subsection 54-14-201(2)(a) or (2)(b), at least 30 days before the date construction of the facility should commence.
Utah Code § 54-26-202 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-202
§ 54-26-202. Service request procedures -- Notice.
Status: in_force

(1) A qualified electric utility that receives a large-scale service request shall: (a) acknowledge receipt of the request; (b) notify the customer of any missing information within 15 business days after beginning to process the request under Subsection (2); and (c) complete an evaluation as soon as reasonably practicable after beginning the study under Subsection (2), but in no case more than 6 months after beginning the evaluation. (2) A qualified electric utility shall begin processing large-scale service requests, including conducting evaluations, no later than: (a) April 1, for requests received after September 30 of the prior year and on or before March 31; or (b) October 1, for requests received after March 31 and on or before September 30. (3) During the evaluation process, the qualified electric utility shall: (a) provide the customer with regular updates; and (b) notify the customer when the evaluation is completed. (4) Within 15 business days after completing an evaluation, the qualified electric utility shall provide to the customer a written service proposal that includes: (a) whether the qualified electric utility can provide the requested service within the time frame required by the customer; (b) the estimated large load incremental costs that will be allocated to the customer, based on the information provided by the customer; (c) any required: (i) system upgrades; (ii) improvements; or (iii) transmission service requests; (d) the estimated timeline for commencing the requested electric service; and (e) the proposed terms and conditions of service, including provisions for addressing long-term operation and maintenance costs for large load facilities. (5) A qualified electric utility: (a) may charge reasonable fees for costs incurred in: (i) evaluating a large-scale service request; and (ii) necessary subsequent or related assessments; and (b) is not required to begin work on an evaluation until the customer: (i) pays applicable fees; and (ii) provides the information required to the qualified electric utility to conduct an evaluation.
Utah Code § 54-7-28 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-28
§ 54-7-28. Violations by individuals -- Penalty.
Status: in_force

Every person who, either individually, or acting as an officer, agent, or employee of a corporation other than a public utility, violates any provision of this title or fails to observe, obey, or comply with any order, decision, direction, demand, or requirement, or any part or provision thereof, of the commission, or who procures, aids, or abets any public utility in its violation of this title or in its failure to obey, observe, or comply with any order, decision, direction, demand, or requirement, or any part or portion thereof, in a case in which a penalty has not been provided for the person, is guilty of a class A misdemeanor.
Utah Code § 54-1-12 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-12
§ 54-1-12. Deposit of funds.
Status: in_force

All money collected by the commission under any provision of this title shall be deposited without deduction in the state treasury on or before the 15th day of each month next succeeding the month in which the same was received, accompanied by a statement showing the date received.
Utah Code § 54-8a-9 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-9
§ 54-8a-9. Association for mutual receipt of excavation notices.
Status: in_force

(1) (a) (i) Two or more operators may form and operate a statewide association providing for mutual receipt of notice of excavation activities. (ii) When an association is operational, notice to the association shall be given pursuant to Section 54-8a-4. (b) (i) When an association is formed, each operator with an underground facility in the state shall become a member of the association and participate in it to: (A) receive an excavation notice submitted to the association; (B) receive the services furnished by it; (C) pay its share of the cost for the service furnished; and (D) provide electronic positive response information to the association's electronic positive response system, if the system is utilized by the operator. (ii) If an operator does not comply with Subsection (1)(b)(i) and Section 54-8a-5, the operator is liable for damages incurred by an excavator who complies with this chapter's requirements. (2) The association's notification center shall: (a) notify members and participants in the relevant geographic area within 24 hours after receiving an excavation notice; (b) maintain a record of any notice received for a period of five years to document compliance with the requirements of this chapter; and (c) implement and operate a statewide electronic positive response system. (3) The association and its notification center shall not be responsible for: (a) resolving reports of alleged violations of this chapter; or (b) a failure on the part of an excavator or operator to perform an excavator's or operator's responsibilities under this chapter. (4) An association contacted by a public agency to identify a utility company, in accordance with Section 54-3-29, shall provide the public agency with a list, including contact information to the extent available, of each utility company of which the association is aware that has a utility facility within the area identified by the public agency.
Utah Code § 54-14-101 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-101
§ 54-14-101. Title.
Status: in_force

This chapter is known as the "Utility Facility Review Board Act."
Utah Code § 54-21-203 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-203
§ 54-21-203. Right-of-way rates and fees.
Status: in_force

(1) An authority may charge a wireless provider a rate or fee for the use of a right-of-way to collocate a small wireless facility, or to install, operate, modify, maintain, or replace a utility pole associated with the wireless provider's collocation of a small wireless facility, if the authority: (a) charges all other similarly situated wireless providers for use of the right-of-way; and (b) charges only the rate or fee in accordance with Part 5, Rates and Fees. (2) An authority may, on a nondiscriminatory basis, refrain from charging a rate or fee to a wireless provider for the use of a right-of-way.
Utah Code § 54-17-404 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-404
§ 54-17-404. Order to proceed.
Status: in_force

(1) (a) In the event of a change in circumstances or projected costs, an energy utility may seek a commission review and determination of whether the energy utility should proceed with the implementation of an approved resource decision. (b) In making a determination under this Subsection (1), the commission shall use the standards identified in Subsection 54-17-402(3)(b). (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 energy utility files a request for commission review and determination under this section, the commission shall: (a) issue an order: (i) determining that the energy utility should proceed with the implementation of the resource decision; (ii) making findings as to the total projected costs of the approved resource decision; 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 energy utility should not proceed with the implementation of the resource decision. (3) If the commission determines that the energy utility should proceed with the implementation of the approved resource decision, 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: (a) relevant to that proceeding; (b) incurred by the energy utility in implementing the approved resource decision; 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 energy utility should not proceed with the implementation of the approved resource decision, 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: (a) relevant to that proceeding; and (b) incurred by the energy utility in implementing the approved resource decision before issuance of a determination not to proceed, including any prudently incurred costs of terminating the approved resource decision. (5) A commission order under this section not to proceed with the implementation of a resource decision may not prejudice: (a) the right of an energy utility to: (i) continue to implement the 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 the recovery 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 § 54-4-18 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-18
§ 54-4-18. Electric, gas, and water service.
Status: in_force

The commission shall have power, after a hearing, to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished, imposed, observed and followed by all electrical, gas and water corporations; to ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, initial voltage or other conditions pertaining to the supply of the product, commodity or service furnished or rendered by any such public utility; to prescribe reasonable regulations for the examination and testing of such products, commodity or service, and for the measurement thereof; to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements; and to provide for the examination and testing of any and all appliances used for the measurement of any product, commodity or service of any such public utility.
Utah Code § 54-21-206 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-206
§ 54-21-206. Decorative poles.
Status: in_force

If necessary to collocate a small wireless facility, a wireless provider may replace a decorative pole, if the replacement pole reasonably conforms to the design aesthetic of the displaced decorative pole.
Utah Code § 54-17-1203 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1203
§ 54-17-1203. Consultation requirements.
Status: in_force

The owner or operator of a solar power plant shall consult with the Division of Wildlife Resources as required by Section 54-17-1301 regarding how the solar power plant could potentially impact wildlife on affected land.
Utah Code § 54-26-301 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-301
§ 54-26-301. Large load contract requirements.
Status: in_force

(1) Electric service for a large-scale service request shall be provided only under one or more large load contracts with: (a) a qualified electric utility; (b) a large-scale generation provider; or (c) any combination of Subsections (1)(a) and (1)(b). (2) A large load customer shall: (a) contract for all of the customer's projected electrical requirements under the large-scale service request; and (b) maintain contracts with resources or load shedding capabilities sufficient to meet the customer's actual electrical requirements at all times. (3) A large load contract with a qualified electric utility shall: (a) ensure that all large load incremental costs are allocated to and paid by the large load customer; (b) comply with all system requirements; (c) require the large load customer to maintain financial security sufficient to cover the large load customer's obligations; (d) specify: (i) points of interconnection; (ii) power delivery points; (iii) the amount of electrical capacity contracted for; (iv) the term of service; and (v) any arrangements for backup power supply; (e) provide curtailment provisions if the large load customer's demand exceeds the amount of contractually supported demand; (f) identify the incremental generation resources that the qualified electric utility will use to serve the large load customer; and (g) include provisions addressing the allocation and payment of long-term operation and maintenance costs for large load facilities. (4) A large load contract with a large-scale generation provider that provides service through a connected electrical system shall: (a) ensure that all large load incremental costs are allocated to and paid by the large load customer; (b) comply with all system requirements; (c) specify: (i) points of interconnection; (ii) power delivery points; (iii) the amount of electrical capacity contracted for; (iv) the term of service; and (v) any arrangements for backup power supply; and (d) provide curtailment provisions if the large load customer's demand exceeds the real-time dispatch of the large-scale generation provider's resources under the large load contract, net of transmission losses. (5) A qualified electric utility: (a) has no duty to serve a large load customer except as explicitly provided in a large load contract; and (b) is not required to provide backup power to a large load customer except as explicitly provided in a large load contract. (6) A qualified electric utility may not be required to commence design and construction of large load facilities until after: (a) executing a large load construction contract; and (b) obtaining commission approval in accordance with Section 54-26-302. (7) A qualified electric utility or large-scale generation provider shall: (a) obtain commission approval in accordance with Section 54-26-302 before providing electric service under a large load contract; and (b) negotiate the terms of a large load contract with a large load customer on a case-by-case basis. (8) Within 15 business days after executing a large load contract, a person executing the contract shall submit an application for approval to the commission for review under Section 54-26-302.
Utah Code § 54-8b-17 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-17
§ 54-8b-17. Procedures for enforcement of interconnection service quality -- Penalties for violation -- Funds collected.
Status: in_force

(1) Proceedings under Subsection 54-8b-2.2(1)(e) shall be conducted in accordance with the following procedure: (a) The complaint shall be served upon the defendant telecommunications corporation and filed with the commission. A copy of the complaint shall also be served upon the Division of Public Utilities. (b) An answer or other responsive pleading to the complaint shall be filed with the commission not more than 10 days after receipt of service of the complaint. Copies of the answer or responsive pleading shall be served on the complainant and the Division of Public Utilities. (c) A prehearing conference shall be held not later than 10 days after the complaint is filed. (d) (i) The commission shall commence a hearing on the complaint not later than 25 days after the complaint is filed, unless the commission finds that extraordinary conditions exist that warrant postponing the hearing date, in which case the commission shall commence the hearing as soon as practicable. (ii) Parties shall be entitled to present evidence as provided by the commission's rules. (e) The commission shall take final action on a complaint not more than 45 days after the complaint is filed unless: (i) the commission finds that extraordinary conditions exist that warrant extending final action, in which case the commission shall take final action as soon as practicable; or (ii) the parties agree to an extension of final action by the commission. (2) The commission shall have the enforcement powers listed in Subsection (3) if, in the proceeding, the commission finds that: (a) the telecommunications corporation has violated the terms of the commission's interconnection service quality rules; (b) the telecommunications corporation has breached its obligations under the provisions of the Federal Telecommunications Act; (c) either party to an approved interconnection agreement has violated the terms of the agreement; or (d) either party has violated the terms of a statement of generally available terms. (3) If the commission makes any of the findings described in Subsection (2), the commission shall: (a) order the telecommunications corporation to: (i) remedy the violation; and (ii) comply, as applicable, with the terms of the commission's interconnection service quality rules, the interconnection agreement, or statement of generally available terms; (b) if considered appropriate by the commission, prescribe the specific actions that the telecommunications corporation must take to remedy its violation, including a time frame for compliance and the submission of a plan to prevent future violations; (c) if considered appropriate by the commission, impose a penalty on the defendant telecommunications corporation subject to the following: (i) if the violation is of the duties imposed under Section 54-8b-2.2 or 54-8b-16, the commission may impose a penalty for such violation as provided in Section 54-7-25; or (ii) if the violating telecommunications corporation is other than an incumbent telephone corporation with fewer than 50,000 access lines in this state, and the violation is of a duty imposed under an interconnection agreement, a statement of generally available terms, or the obligations of Section 251 of the Federal Telecommunications Act, the commission may impose a penalty subject to the following: (A) if the commission finds that the violation was willful or intentional, the penalty may be in an amount of up to $5,000 per day and the period for which the penalty is levied shall commence on the date the commission finds the violation to have first occurred through and including the date the violation is corrected; or (B) if the commission finds that the violation was not willful or intentional, the penalty may be in an amount prescribed by Section 54-7-25 and the period for which the penalty is levied shall commence on the day after the deadline for compliance in the commission's order. (4) (a) The commission shall have the authority, on its own or at the request of the injured telecommunications corporation, to investigate a party's compliance with the commission's order under Subsection (3)(c)(ii). (b) If corrective or remedial action acceptable to the commission is not completed: (i) 45 days after the deadline set by the commission, the commission may increase the penalty up to $10,000 per violation per day for a willful or intentional violation; or (ii) 90 days after the deadline set by the commission, the commission may increase the penalty up to $4,000 per violation per day for a violation that is not willful or intentional. (5) (a) The penalty under Subsection (3)(c) shall be in addition to, and not in lieu of, civil damages or other remedies that may be available to the injured party. (b) In determining the amount of the penalty or the amount agreed to in compromise, the commission shall consider: (i) the appropriateness of the penalty to the size of the violating party; (ii) the gravity of the violation; (iii) the good faith of the defendant telecommunications corporation in attempting to achieve compliance after notification of the violation; (iv) the impact of the violation to the establishment of competition; and (v) the actual economic harm incurred by the plaintiff telecommunications corporation. (c) Each day of a continuing violation or a failure to comply is a separate offense for purposes of levying a penalty under this section. (6) All funds collected under this section shall go into the Universal Public Telecommunications Service Support Fund established under Section 54-8b-15, and shall be in addition to any contributions required of a telecommunications corporation under that section.
Utah Code § 54-21-401 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-401
§ 54-21-401. Applicability.
Status: in_force

This part applies to activities of a wireless provider within a right-of-way.
Utah Code § 54-7-20 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-20
§ 54-7-20. Reparations -- Courts to enforce commission's orders -- Limitation of action.
Status: in_force

(1) When complaint has been made to the commission concerning any rate, fare, toll, rental or charge for any product or commodity furnished or service performed by any public utility, and the commission has found, after investigation, that the public utility has charged an amount for such product, commodity or service in excess of the schedules, rates and tariffs on file with the commission, or has charged an unjust, unreasonable or discriminatory amount against the complainant, the commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection. (2) If the public utility does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints concerning unjust, unreasonable or discriminatory charges shall be filed with the commission within one year, and those concerning charges in excess of the schedules, rates and tariffs on file with the commission shall be filed with the commission within two years, from the time such charge was made, and all complaints for the enforcement of any order of the commission shall be filed in court within one year from the date of such order. The remedy in this section provided shall be cumulative and in addition to any other remedy or remedies under this title in case of failure of a public utility to obey an order or decision of the commission.
Utah Code § 54-4-16 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-16
§ 54-4-16. Investigation and report of accidents.
Status: in_force

The commission shall investigate the cause of all accidents occurring within this state upon the property of any public utility, or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to persons or property and requiring in the judgment of the commission investigation by it, and shall have the power to make such order or recommendation with respect thereto as in its judgment may seem just and reasonable; provided, that neither the order nor recommendation of the commission nor any accident report filed with the commission shall be admitted as evidence in any action for damage based on or arising out of the loss of life or injury to person or property in this section referred to. Every public utility is hereby required to file with the commission, under such rules and regulations as the commission may prescribe, a report of each accident so occurring of such kinds or classes as the commission may from time to time designate. The Department of Transportation where private and public carriers are involved shall have and assume all powers heretofore held by the commission pursuant to this section; provided that the commission shall retain exclusive jurisdiction for the resolution of any dispute upon petition by any person aggrieved by any order of the department issued pursuant thereto.
Utah Code § 54-8b-14 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-14
§ 54-8b-14. Intrastate interexchange toll service prices.
Status: in_force

(1) Prices for intrastate interexchange message toll services transmitted between two specific points shall be the same regardless of the point of origin. (2) Subsection (1) applies only to services provided by telecommunications corporations subject to the jurisdiction of the commission.
Utah Code § 54-8b-2.3 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-2.3
§ 54-8b-2.3. Pricing flexibility.
Status: in_force

(1) (a) A telecommunications corporation that obtains a certificate to compete with the incumbent telephone corporation in a defined geographic area pursuant to Section 54-8b-2.1 may price any public telecommunications services it is authorized to offer, or any new public telecommunications service, by means of a price list or competitive contract. (b) Before the telecommunications corporation begins providing any authorized public telecommunications service, it shall notify the commission of: (i) its intent to begin providing the service; and (ii) the defined geographic area in which it will provide the service. (2) (a) Notwithstanding other requirements of this chapter relating to pricing flexibility, beginning on May 2, 2005, an incumbent telephone corporation may offer retail end user public telecommunications services by means of a price list or competitive contract in the same manner as a competing telecommunications corporation as provided in Subsection (1) if the incumbent telephone corporation: (i) is in substantial compliance with rules and orders of the commission issued under Section 54-8b-2.2; and (ii) has more than 30,000 access lines. (b) The incumbent telephone corporation's pricing flexibility shall be the same as a competing telecommunications corporation's pricing flexibility for all public telecommunications services. (3) Each price list shall: (a) be filed with the commission: (i) electronically; or (ii) by paper copies only if permitted by commission rule; (b) describe the public telecommunications service; (c) set forth the basic terms and conditions upon which the public telecommunications service is offered; and (d) list the prices to be charged for the public telecommunications service or the basis on which the services will be priced. (4) Prices, terms, and conditions offered under price lists or competitive contracts that are different from tariff prices, terms, and conditions for the same services are not considered discriminatory under Section 54-3-8 and Subsection 54-8b-3.3(2). (5) A price list filed with the commission under this section shall take effect five days after it is filed with the commission. (6) (a) Except as provided in Subsection (6)(b), the prices, terms, and conditions of a public telecommunications service offered by a telecommunications corporation pursuant to a competitive contract with a retail customer need not be filed with the commission. (b) Notwithstanding Subsection (6)(a), a copy of a competitive contract shall be provided to the commission or division of public utilities if the commission or division of public utilities, pursuant to general investigatory powers, requests a copy of the competitive contract. (7) (a) Subject to Subsection (7)(b), the commission may, as determined necessary to protect the public interest, set an upper limit on the price that may be charged by telecommunications corporations for public telecommunications services that may be priced by means of a price list or competitive contract in a defined geographic area. (b) The upper limit on price imposed under Subsection (7)(a) shall be applied to all telecommunications corporations holding a certificate to provide the public telecommunications services in the defined geographic area in a competitively neutral manner. (8) (a) The commission may revoke the authority of a telecommunications corporation to offer a public telecommunications service pursuant to a price list or competitive contract or the commission may adopt conditions or restrictions on the telecommunications corporation's pricing flexibility if the commission finds: (i) (A) the telecommunications corporation has materially violated statutes or rules applicable to the specific service; (B) there has been or there is an imminent threat of a material and substantial diminution in the level of competition; or (C) competition has not developed; and (ii) revocation or conditions or restrictions on the telecommunications corporation's pricing flexibility is in the public interest. (b) The party asserting that revocation or conditions or restrictions on the telecommunications corporation's pricing flexibility should be imposed shall bear the burden of proof. (9) The commission shall establish rules or procedures to protect confidential, proprietary, and competitively sensitive information provided to the commission or the division pursuant to this section. (10) (a) An incumbent telephone corporation serving fewer than 30,000 access lines in the state may petition the commission to be regulated under price regulation rather than traditional rate of return regulation. (b) In implementing price regulation for an incumbent telephone corporation serving fewer than 30,000 access lines, the commission may modify the requirements of any provision of this section if necessary to the individual circumstances of the incumbent telephone corporation. (11) An incumbent telephone corporation that is regulated under price regulation under this section rather than traditional rate of return regulation: (a) is not a carrier of last resort within the incumbent telephone corporation's local exchanges after July 1, 2025; and (b) shall: (i) continue to provide basic residential service to each existing location where a customer subscribes to the service on or before July 1, 2025; and (ii) continue to provide and maintain the basic residential service to existing locations described in Subsection (11)(b)(i) until the commission recognizes and adopts discontinuance findings under Subsection 54-8b-3(8). (12) (a) The commission may exercise any statutory power pertaining to this section, including reinstating a carrier of last resort obligation for any wire center: (i) on the commission's own initiative; or (ii) in response to a request for agency action. (b) Before taking action under Subsection (12)(a), the commission shall: (i) provide notice and conduct a hearing; and (ii) determine that modifying or reinstating carrier of last resort obligations is in the public interest. (13) (a) Beginning July 1, 2025, a local exchange area that was served by an incumbent telephone corporation regulated under price regulation under this section on June 30, 2025: (i) is designated as a competitive area; and (ii) is ineligible for Universal Public Telecommunications Service Support Fund under Section 54-8b-15. (b) Notwithstanding Subsection (13)(a), funding from the Universal Public Telecommunications Service Support Fund for the lifeline program pursuant to Subsections 54-8b-15(3) and (15) shall remain unchanged.