Utah Code § 54-17-807 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-807
§ 54-17-807. Solar photovoltaic or thermal solar energy facilities.
Status: in_force

(1) As used in this section, "acquire" means to purchase, construct, or purchase the output from a photovoltaic or thermal solar energy resource. (2) (a) In accordance with this section, a qualified utility may file an application with the commission for approval to acquire a photovoltaic or thermal solar energy resource using rate recovery based on a competitive market price, except as provided in Subsection (2)(b). (b) A qualified utility may not, under this section, acquire a photovoltaic or thermal solar energy resource with a generating capacity that is two megawatts or less per meter if that resource is located on the customer's side of the meter. (3) The energy resource acquired pursuant to this section may be owned solely or jointly by a qualified utility or another entity: (a) to provide clean energy to a contract customer as provided in Section 54-17-803; (b) to serve energy to a qualified utility customer as provided in Section 54-17-806; (c) to serve energy to any customers of the qualified utility if the proposed energy resource's nameplate capacity does not exceed 300 megawatts or, if applicable, the quantity of capacity that is the subject of a contract for the purchase of electricity does not exceed 300 megawatts, so long as the qualified utility proceeds under and complies with Part 4, Voluntary Request for Resource Decision Review; or (d) to serve energy to any customers of the qualified utility if the proposed energy resource's nameplate capacity exceeds 300 megawatts or, if applicable, the quantity of capacity that is the subject of a contract for the purchase of electricity exceeds 300 megawatts, so long as the qualified utility complies with this chapter. (4) Except as provided in Subsections (3)(c) and (d), the following do not apply to an application submitted under Subsection (2): (a) Part 1, General Provisions; (b) Part 2, Solicitation Process; (c) Part 3, Resource Plans and Significant Energy Resource Approval; (d) Part 4, Voluntary Request for Resource Decision Review; and (e) Section 54-17-502. (5) The application described in Subsection (2) shall include: (a) a proposed solicitation process for the energy resource; (b) the criteria proposed to be used to evaluate the responses to the solicitation: (i) as determined by the customer, if the energy resource is sought to serve a customer pursuant to Subsection (3)(a) or (b); or (ii) as proposed by the qualified utility, if the energy resource is sought to serve the customers of the qualified utility pursuant to Subsection (3)(c) or (d); and (c) any other information the commission may require. (6) (a) Before approving a solicitation process under this section for an energy resource to serve customers of the qualified utility pursuant to Subsection (3)(c) or (d), the commission shall: (i) hold a public hearing; and (ii) provide an opportunity for public comment. (b) The commission may approve a solicitation process under this section only if the commission determines that the solicitation and evaluation processes to be used will create a level playing field in which the qualified utility and other bidders can compete fairly, including with respect to interconnection and transmission requirements imposed on bidders by the solicitation within the control of the commission and the qualified utility, excluding its federally regulated transmission function, and will otherwise serve the public interest. (7) (a) Upon completion of the solicitation process approved under Subsection (6), the qualified utility may seek approval from the commission to acquire the energy resource identified through the solicitation process as the winning bid. (b) Before approving acquisition of an energy resource acquired pursuant to this section, the commission shall: (i) hold a public hearing; (ii) provide an opportunity for public comment; (iii) determine whether the solicitation and evaluation processes complied with this section, commission rules, and the commission's order approving the solicitation process; and (iv) determine whether the acquisition of the energy resource is just and reasonable, and in the public interest. (c) The commission may approve a qualified utility's ownership of an energy resource or a power purchase agreement containing a purchase option under Subsection (3)(c) or (d) with rate recovery based on a competitive market price only if the commission determines that the qualified utility's bid is the lowest cost ownership option for the qualified utility. (d) If the commission approves a qualified utility's acquisition of an energy resource under Subsection (3), including entering into a power purchase agreement containing a purchase option, using rate recovery based on a competitive market price: (i) the prices approved by the commission shall constitute competitive market prices for purposes of this section; and (ii) assets owned by the qualified utility and used to provide service as approved under this section are not public utility property. (8) If upon completion of a solicitation process approved under Subsection (6) the qualified utility proposes not to acquire an energy resource, the qualified utility shall file with the commission a report explaining its reasons for not acquiring the lowest cost resource bid into the solicitation, along with any other information the commission requires. (9) Within six months after a competitive market price for a solar energy resource acquired under Subsection (3)(c) or (d) has been identified pursuant to this section, or for such longer period as the commission may determine to be in the public interest, a qualified utility may file an application with the commission seeking approval to acquire another energy resource similar to the energy resource for which a competitive market price was established without going through a new solicitation process. The commission may approve the application if the qualified utility demonstrates a need to acquire the energy resource, that the competitive market price remains reasonable, and that the acquisition is in the public interest. (10) No later than 180 days before the end of the term approved by the commission for an energy resource acquired under this section and owned by the qualified utility, the qualified utility shall file with the commission a request for determination of an appropriate disposition of the energy resource asset, except that the qualified utility is permitted to retain the benefits or proceeds and shall be required to assume the costs and risks of ownership of the energy resource. (11) The commission shall adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) addressing the content and filing of an application under this section; (b) to establish the solicitation process and criteria to be used to identify the competitive market price and select an energy resource; and (c) addressing other factors determined by the commission to be relevant to protect the public interest and to implement this section.
Utah Code § 54-24-303 — Utah Code / Title 54 / Chapter 54-24 / § 54-24-303
§ 54-24-303. Fire claims against an electrical corporation.
Status: in_force

(1) A fire claim shall be brought within two years from the date of the ignition of the fire. (2) Subject to the limitations described in this section and Section 65A-3-4, an injured plaintiff may recover for a fire claim: (a) economic losses to compensate for damage to property; and (b) noneconomic losses to compensate for pain, suffering, and inconvenience. (3) Subject to Subsection (6), the amount of damages recoverable under Subsection (2)(a) for economic loss to property shall be calculated as the lesser of: (a) the cost to restore the property to the property's pre-fire condition; or (b) the difference between: (i) the fair market value of the property immediately before the fire; and (ii) the fair market value of the property after the fire. (4) (a) Subject to Subsections (4)(b) and (6), the amount of damages recoverable under Subsection (2)(b) for noneconomic loss may not exceed: (i) for a person who is not physically injured as a result of the fire, $100,000; or (ii) for a person who is physically injured as a result of the fire, $450,000. (b) The limitation described in Subsection (4)(a)(ii) does not apply in a wrongful death action. (5) (a) Beginning on July 1, 2025, and on July 1 of each year thereafter until July 1, 2031, the commission shall adjust the limitation on recoverable damages described in Subsection (4) for inflation. (b) By July 15 of each year described in Subsection (5)(a), the commission shall: (i) certify the inflation-adjusted limitation on recoverable damages calculated under this subsection; and (ii) inform the Administrative Office of the Courts of the adjusted limitation on recoverable damages. (6) The limitations on an electrical corporation's liability for recoverable damages described in Subsections (3) and (4) apply unless: (a) the electrical corporation did not have a wildland fire protection plan approved by the electrical corporation's own governing authority in place before the occurrence of the fire event; or (b) the public service commission determines, in an action brought under Subsection (7), that the electrical corporation was in material noncompliance with the electrical corporation's wildland fire protection plan in the area of the fire event at the time the fire event occurred. (7) (a) A party may bring a request for agency action under Title 63G, Chapter 4, Administrative Procedures Act, requesting the commission to determine whether an electrical corporation was in material noncompliance with the electrical corporation's wildland fire protection plan in the area of a specific fire event. (b) The commission's determination for an action brought under Subsection (7)(a) is binding on all fire claims arising out of the specific fire event. (c) A party shall bring or join an action described in Subsection (7)(a) within 180 days of a fire event. (d) Unless the commission determines additional time to complete the analysis required to make a determination under (7)(a) is in the public interest, the commission shall make a determination within 120 days from the date a party files a request for a determination.
Utah Code § 54-27-104 — Utah Code / Title 54 / Chapter 54-27 / § 54-27-104
§ 54-27-104. Transparency, accountability, and reporting.
Status: in_force

(1) On or before November 30 of each year, the commission shall report to the Public Utilities, Energy, and Technology Interim Committee regarding: (a) whether Utah customers are paying congestion costs associated with constraints primarily outside Utah; (b) whether a regional transmission organization or independent system operator test or sufficiency measure imposes disproportionate burdens on electrical corporations or transmission providers serving Utah customers; (c) the extent to which another state or region relies on a Utah generation facility or transmission facility to satisfy a regional transmission organization or independent system operator sufficiency requirement, adequacy requirement, or deliverability requirement; (d) whether the commission is afforded parity of access and participation with other state regulators in regional transmission organization or independent system operator governance, processes, and data availability; and (e) a recommended statutory change or regulatory change necessary to maintain parity of access and participation and ensure continued protection of Utah customers. (2) The commission shall include in the report described in Subsection (1) a finding on how Utah's participation in a regional transmission organization or independent system operator may have a positive impact or negative impact on Utah customers.
Utah Code § 54-7-18 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-18
§ 54-7-18. Preference of actions and proceedings on courts' calendars.
Status: in_force

(1) The courts of this state shall consider, hear, and determine all actions and proceedings under this chapter, and all actions and proceedings to which the commission or the state of Utah is a party, in which any question arises under this title or under or concerning any order or decision of the commission before considering, hearing, or determining all other civil causes except election causes. (2) If the commission requests it, the courts shall grant the same preference to the commission in any action or proceeding in which the commission is allowed to intervene.
Utah Code § 54-3-10 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-10
§ 54-3-10. Interchange of business required.
Status: in_force

Every telephone corporation and telegraph corporation operating in this state shall receive, transmit, and deliver, without discrimination or delay, the conversations and messages of every other telephone or telegraph corporation with whose line a physical connection may have been made.
Utah Code § 54-21-103 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-103
§ 54-21-103. Local authority jurisdiction.
Status: in_force

(1) Subject to Subsection (2), the provisions of this chapter, and applicable federal law, an authority may continue to exercise zoning, land use, planning, and permitting authority within the authority's territorial boundaries, including with respect to wireless support structures and utility poles. (2) An authority may exercise the authority's police-power-based regulations for the management of a public right-of-way: (a) on a nondiscriminatory basis to all users of the right-of-way; (b) to the extent of the authority's jurisdiction; and (c) consistent with state and federal law. (3) An authority may impose a regulation based on the authority's police power in the management of an activity of a wireless provider in a public right-of-way, if: (a) to the extent the authority enforces the regulation, the authority enforces the regulation on a nondiscriminatory basis; and (b) the purpose of the regulation is to protect the health, safety, and welfare of the public. (4) An authority may adopt design standards for the installation and construction of a small wireless facility or utility pole in a public right-of-way that: (a) are reasonable and nondiscriminatory; and (b) include additional installation and construction details that do not conflict with this chapter, including a requirement that: (i) an industry standard pole load analysis be completed and submitted to an authority, indicating that the utility pole, to which the small wireless facility is to be attached, will safely support the load; or (ii) small wireless facility equipment, on new and existing utility poles, be placed higher than eight feet above ground level. (5) (a) A wireless provider shall comply with an authority's design standards described in Subsection (4), if any, in place on the day on which the wireless provider files a permit application in relation to work for which the authority approves the permit application. (b) An authority's obligations under this chapter may not be tolled or extended pending the adoption or modification of design standards. (6) A wireless provider may not install a new utility pole in a public right-of-way without the authority's discretionary, nondiscriminatory, and written consent, if the public right-of-way is adjacent to a street or thoroughfare that is: (a) not more than 60 feet wide, as depicted in the official plat records; and (b) adjacent to single-family residential lots, other multifamily residences, or undeveloped land that is designated for residential use by zoning or deed restrictions. (7) Nothing in this chapter authorizes the state or any political subdivision, including an authority, to: (a) require the deployment of a wireless facility; or (b) regulate a wireless service. (8) Except as provided in this chapter or otherwise specifically authorized by state law, an authority may not impose or collect a tax, fee, or charge on a communications service provider authorized to operate in a right-of-way for the provision of communications service over the communications service provider's communications facilities in the right-of-way.
Utah Code § 54-9-108 — Utah Code / Title 54 / Chapter 54-9 / § 54-9-108
§ 54-9-108. Scope -- Ownership or use of works or facilities.
Status: in_force

(1) Nothing in this chapter may be construed as imposing on an interlocal entity, as defined in Section 11-13-101, created on or before January 1, 1981, under Laws of Utah 1977, Chapter 47, Section 3, as amended, or in an agreement to which an interlocal entity is a party, any duty, requirement, or restriction other than those imposed by Title 11, Chapter 13, Interlocal Cooperation Act. (2) For purposes of this chapter, a person does not own or use works or facilities if the person is a party to a power sales contract to purchase output generated by, the capacity of, or an entitlement in the works or facilities.
Utah Code § 54-17-901 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-901
§ 54-17-901. Community Clean Energy Act.
Status: in_force

This part is known as the "Community Clean Energy Act."
Utah Code § 54-15-101 — Utah Code / Title 54 / Chapter 54-15 / § 54-15-101
§ 54-15-101. Title.
Status: in_force

This chapter is known as "Net Metering of Electricity."
Utah Code § 54-17-606 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-606
§ 54-17-606. Commission rules.
Status: in_force

The commission shall make rules as necessary to implement this part.
Utah Code § 54-17-201 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-201
§ 54-17-201. Solicitation process required -- Exception.
Status: in_force

(1) (a) An affected electrical utility shall comply with this chapter to acquire or construct a significant energy resource after February 25, 2005. (b) Notwithstanding Subsection (1)(a), this chapter does not apply to a significant energy resource for which the affected electrical utility has issued a solicitation before February 25, 2005. (2) (a) Except as provided in Subsection (3), to acquire or construct a significant energy resource, an affected electrical utility shall conduct a solicitation process that is approved by the commission. (b) To obtain the approval of the commission of a solicitation process, the affected electrical utility shall file with the commission a request for approval that includes: (i) a description of the solicitation process the affected electrical utility will use; (ii) a complete proposed solicitation; and (iii) any other information the commission requires by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) In ruling on the request for approval of a solicitation process, the commission shall determine whether the solicitation process: (i) complies with this chapter and rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii) is in the public interest, taking into consideration: (A) the dispatchability of the significant 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; (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 electricity at the lowest reasonable cost to the retail customers of an affected electrical utility located in this state, including any lowered costs resulting from the ability to sell excess energy generated in an interstate energy market; (E) long-term and short-term impacts; (F) risk; (G) reliability; (H) financial impacts on the affected electrical utility; and (I) other factors determined by the commission to be relevant. (d) Before approving a solicitation process under this section the commission: (i) may hold a public hearing; and (ii) shall provide an opportunity for public comment. (e) As part of the commission's review of a solicitation process, the commission may provide the affected electrical utility guidance on any additions or changes to the commission's proposed solicitation process. (f) Unless the commission determines that additional time to analyze a solicitation process is warranted and is in the public interest, within 60 days of the day on which the affected electrical utility files a request for approval of the solicitation process, the commission shall: (i) approve a proposed solicitation process; (ii) suggest modifications to a proposed solicitation process; or (iii) reject a proposed solicitation process. (3) Notwithstanding Subsection (2), an affected electrical utility may acquire or construct a significant energy resource without conducting a solicitation process if it obtains a waiver of the solicitation requirement in accordance with Section 54-17-501. (4) In accordance with the commission's authority under Subsection 54-12-2(2), the commission shall determine: (a) whether this chapter or another competitive bidding procedure shall apply to a purchase of a significant energy resource by an affected electrical utility from a small power producer or cogenerator; and (b) if this chapter applies as provided in Subsection (4)(a), the manner in which this chapter applies to a purchase of a significant energy resource by an affected electrical utility from a small power producer or cogenerator.
Utah Code § 54-1-1.5 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-1.5
§ 54-1-1.5. Appointment of members -- Terms -- Qualifications -- Chairman -- Quorum -- Removal -- Vacancies -- Compensation.
Status: in_force

(1) The commission shall be composed of three members appointed by the governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies. (2) The terms of the members shall be staggered so that one commissioner is appointed for a term of six years on March 1 of each odd-numbered year. (3) Not more than two members of the commission shall belong to the same political party. (4) One member of the commission shall be designated by the governor as chairman of the commission. (5) Any two commissioners constitute a quorum. (6) Any member of the commission may be removed for cause by the governor. (7) Vacancies in the commission shall be filled for unexpired terms by appointment of the governor with the advice and consent of the Senate. (8) Commissioners shall receive compensation as established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation, and all actual and necessary expenses incurred in attending to official business. (9) Each commissioner at the time of appointment and qualification shall be a resident citizen of the United States and of the state of Utah and shall be not less than 30 years of age. (10) Except as provided by law, no commissioner may hold any other office either under the government of the United States or of this state or of any municipal corporation within this state. (11) A commissioner shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Utah Code § 54-26-401 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-401
§ 54-26-401. Qualified electric utility service obligations.
Status: in_force

(1) Subject to Subsection (2), a qualified electric utility has the sole right to provide electric service to a large load customer in the qualified electric utility's service territory. (2) A qualified electric utility: (a) is not required to provide electric service: (i) in response to a large-scale service request if: (A) the large load customer has not complied with the requirements of this chapter; (B) the qualified electric utility cannot provide the requested service within the timeframe required by the large-scale service request; (C) the large load customer and the qualified electric utility cannot agree upon terms for a large load contract; (D) the large load customer fails or refuses to comply with the requirements of a large load contract; or (E) the large load customer is receiving service from a large-scale generation provider in accordance with Section 54-26-402; or (ii) to a large load customer that receives service pursuant to a private generation contract; and (b) that does not agree to terms with a large load customer for a large load contract: (i) has no right or duty to serve the large load customer; (ii) is not required to provide ancillary or backup services to the large load customer; and (iii) is not required to provide any services to a large-scale generation provider.
Utah Code § 54-7-13.6 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-13.6
§ 54-7-13.6. Low-income assistance program.
Status: in_force

(1) As used in this section: (a) "Eligible customer" means an electrical corporation or a gas corporation customer: (i) that earns no more than: (A) 125% of the federal poverty level for bill payment assistance or 200% of the federal poverty level for any other low-income assistance; or (B) another percentage of the federal poverty level as determined by the commission by order; and (ii) whose eligibility is certified by the Utah Department of Workforce Services. (b) "Low-income assistance" means: (i) bill payment assistance; (ii) replacement of an appliance with a more efficient appliance; (iii) replacement of a wood burning appliance or wood burning fireplace with an efficient appliance; or (iv) other energy efficient improvement to an eligible customer's residence. (2) A customer's income eligibility for the program described in this section shall be renewed annually. (3) An eligible customer may not receive low-income assistance at more than one residential location at any one time. (4) Notwithstanding Section 54-3-8, the commission may approve a low-income assistance program to provide low-income assistance to an eligible customer who is a residential customer of: (a) an electrical corporation with more than 50,000 customers; or (b) a gas corporation with more than 50,000 customers. (5) (a) (i) Subject to Subsection (5)(a)(ii), low-income assistance program funding from each rate class may be in an amount determined by the commission. (ii) Low-income assistance program funding described in Subsection (5)(a)(i) may not exceed 0.5% of the rate class's retail revenues. (iii) An electrical corporation or gas corporation may use low-income assistance program funding to pay: (A) administrative costs associated with the electrical corporation's or gas corporation's program; or (B) contractor or employee costs incurred in implementing or installing a measure described in Subsections (1)(b)(ii) through (iv). (b) (i) Low-income assistance program funding shall be provided through a surcharge on the monthly bill of each Utah retail customer of the electrical corporation or gas corporation providing the low-income assistance program. (ii) The surcharge described in Subsection (5)(b)(i) may not be collected from a customer who is receiving bill payment assistance. (c) (i) Subject to Subsection (5)(c)(ii), the monthly surcharge described in Subsection (5)(b)(i) shall be calculated as an equal percentage of revenues from all rate schedules. (ii) The monthly surcharge described in Subsection (5)(b)(i) may not exceed $50 per month for any customer, adjusted periodically as the commission determines appropriate for inflation. (6) (a) An eligible customer shall receive low-income assistance in the form of one or more of the following: (i) a billing credit on the monthly electric or gas bill for the customer's residence; (ii) replacement of an appliance with a more efficient appliance; (iii) replacement of a wood burning appliance or wood burning fireplace with an efficient appliance; or (iv) other energy efficiency improvement to the eligible customer's residence. (b) The allocation of low-income assistance to an eligible customer, as described in Subsection (6)(a), shall be determined by the commission based on: (i) the projected funding of the low-income assistance program; (ii) the projected customer participation in the low-income assistance program; and (iii) other factors that the commission determines relevant. (c) The low-income assistance funding level shall be adjusted concurrently with the final order in a general rate increase or decrease case under Section 54-7-12 for the electrical corporation or gas corporation providing the program or as determined by the commission.
Utah Code § 54-25-102 — Utah Code / Title 54 / Chapter 54-25 / § 54-25-102
§ 54-25-102. Commission rulemaking authority.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules to implement this chapter, including: (a) rules establishing the submission of an electrical power delivery quality plan; (b) rules establishing procedures for the review of an electrical power delivery quality plan; (c) rules establishing the procedures for the review of the implementation of an electrical power delivery quality plan; and (d) any other rules that the commission determines are necessary to protect the public interest and implement this chapter. (2) In establishing the procedures and rules described in Subsection (1), the commission shall consult with: (a) qualified utilities; (b) utility-scale electricity providers; and (c) other state agencies.
Utah Code § 54-2-201 — Utah Code / Title 54 / Chapter 54-2 / § 54-2-201
§ 54-2-201. Independent energy producer --- Exemption from commission jurisdiction.
Status: in_force

(1) As used in this section: (a) "Customer generation system" means the same as that term is defined in Section 54-15-102. (b) "Net metering program" means the same as that term is defined in Section 54-15-102. (2) An independent energy producer is exempt from regulation by the commission as a public utility for an independent power production facility if the independent energy producer produces a commodity or delivers a service: (a) solely for the use of a state-owned facility; (b) not for sale to the public, without charge, solely for the use of: (i) the independent energy producer; (ii) an independent energy producer's tenant; or (iii) an association of unit owners formed under Title 57, Chapter 8, Condominium Ownership Act; (c) for sale solely to an electrical corporation or other wholesale purchaser; or (d) (i) for use by: (A) an entity the independent energy producer controls, is controlled by, or is an affiliate of; or (B) a user located on real property that the independent energy producer manages or controls; and (ii) for use on real property that is contiguous to, or is separated only by a public road or easement from, real property that the independent energy producer owns or controls. (3) In addition to the exemptions described in Subsection (2), an independent energy producer that supplies energy, for direct consumption by a customer, via a customer generation system, is exempt from regulation by the commission as a public utility for an independent power production facility if: (a) the customer is: (i) a United States governmental entity, including an entity of the United States military; (ii) a state entity, including a political subdivision of the state; (iii) a state institution of higher education; (iv) a school district, charter school, or an entity within the state system of public education; (v) a federal income tax exempt charitable organization under 26 U.S.C. Sec. 501(c)(3) that can provide proof of the entity's tax-exempt status; or (vi) a residential customer participating in a net metering program in an area served by an electrical corporation with more than 200,000 retail customers in the state; (b) the customer generation system is: (i) for use on the real property where the customer generation system is located; and (ii) designed to supply a maximum amount of electricity equal to the lesser of: (A) 90% of the customer's average annual electricity consumption, based on an annualized billing period; or (B) the maximum amount allowed under a net metering program, as defined in Section 54-15-102; (c) the independent energy producer notifies the customer, before installing the customer generation system, of: (i) the total cost a customer is required to pay for the customer generation system, including an interconnection cost; and (ii) the potential for a change in: (A) the amount the customer pays for energy from a public utility; and (B) customer fees associated with net metering and generation; (d) the independent energy producer enters into an interconnection agreement: (i) with a public utility that provides retail electric service to the real property on which the customer generation system is located; and (ii) that is subject to approval by a public utility's governing authority; and (e) except for a customer described in Subsection (3)(a)(vi), the independent energy producer installs the customer generation system by December 31, 2021. (4) An independent energy producer that supplies electric service to a customer described in Subsection (3)(a)(vi) via a customer generation system shall provide the electric service under an agreement that includes: (a) the notification described in Subsection (3)(c); (b) a description of the incentives, including any renewable energy certificate, generated by the agreement, or by the installation or use of the customer generation system; (c) a description of an incentive described in Subsection (4)(b) that the customer forfeits or assigns to the independent energy producer under the agreement; (d) the property, equipment, or liability that the independent energy producer will insure under the agreement, and what property, equipment, or liability that the customer is responsible for insuring; and (e) the Internet address of a Division of Public Utilities website, if any, that describes considerations for a net metering customer. (5) An independent energy producer may not provide electric service to a customer described in Subsection (3)(a)(vi) until the commission makes the first determination about a net metering program under which the independent energy producer will provide service required by Subsection 54-15-105.1(2), and the determination becomes final agency action. (6) A public utility shall serve a customer in the public utility's service area that is partially served by an independent energy producer.
Utah Code § 54-25-101 — Utah Code / Title 54 / Chapter 54-25 / § 54-25-101
§ 54-25-101. Definitions.
Status: in_force

As used in this chapter: (1) "Electrical power delivery quality" means the suitability of power delivered to customers as measured in comparison to accepted industry standards on voltage and power quality. (2) "Electrical power delivery quality plan" means a plan submitted to the commission in accordance with the requirements of this chapter. (3) "Interconnection request" means a request from a utility-scale energy generation system to a qualified utility's transmission line. (4) "Qualified utility" means the same as that term is defined in Section 54-17-801. (5) "Utility-scale energy generation system" means an electric generation facility that has a generating capacity of more than two megawatts and is intermittent, non-dispatchable, or controlled by an inverter.
Utah Code § 54-3-8.5 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-8.5
§ 54-3-8.5. Rate on electricity for agricultural irrigation or drainage.
Status: in_force

The commission in approving any rate applicable to customers who use electric power for agricultural irrigation or soil drainage purposes which includes a demand or power charge as a separate charge shall take into consideration the productive utilization of agricultural water and electric energy.
Utah Code § 54-26-802 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-802
§ 54-26-802. Commission review.
Status: in_force

The commission shall: (1) conduct a review of this chapter before October 31, 2027, and every three years thereafter; (2) conduct an investigation with stakeholder input and public comment and prepare a report that includes: (a) data on program participation; (b) analysis of impacts on electrical rates; (c) assessment of transmission system reliability; and (d) recommendations regarding whether to: (i) extend the program; (ii) modify program requirements; or (iii) allow the program to close to new participants; and (3) provide the report described in Subsection (2) and any recommendations to the Public Utilities, Energy, and Technology Interim Committee.
Utah Code § 54-20-106 — Utah Code / Title 54 / Chapter 54-20 / § 54-20-106
§ 54-20-106. Extension of pilot program.
Status: in_force

Before the first day of the legislative session in the final year of the pilot program period, the commission shall submit a report and recommendation to the Legislature regarding whether, in the discretion of the commission, the Legislature should, for the sustainable transportation and energy plan: (1) extend the plan or a portion of the plan as a ratepayer funded program; (2) implement the plan or a portion of the plan as a state funded program; or (3) discontinue the plan or a portion of the plan.
Utah Code § 54-14-104 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-104
§ 54-14-104. Rules and procedures.
Status: in_force

The board may, pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules governing proceedings under this chapter consistent with this chapter and Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 54-8-2 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-2
§ 54-8-2. Legislative purpose.
Status: in_force

The Legislature finds that in many areas of the state, it is in the public interest to convert existing overhead electric and communication facilities to underground locations through the creation of an improvement district. The Legislature hereby declares that a public purpose will be served by providing a procedure to accomplish such conversion and that it is in the public interest to provide for such conversion by proceedings taken pursuant to this chapter whether such areas be within the limits of a city or town or within a county.
Utah Code § 54-17-1002 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1002
§ 54-17-1002. Cost recovery for proven dispatchable generation assets.
Status: in_force

(1) Notwithstanding any other provision of law, the recovery of costs associated with the acquisition, expansion, maintenance, retrofitting, fueling, or operation of a proven dispatchable generation resource, as well as the reasonable legal fees and costs associated with efforts to preserve the continued operation of a proven dispatchable generation resource, is governed by this section. (2) To recover costs described in Subsections (3) and (5), an affected electrical utility is required to demonstrate, to the commission's satisfaction: (a) the amount sought to be recovered that is attributable to the state; (b) a detailed description of the actions taken by the affected electrical utility resulting in the costs sought to be recovered; (c) that the actions taken by the affected electrical utility resulting in the costs sought to be recovered were: (i) reasonable when considering available dispatchable resources; and (ii) necessary to acquire, operate, and maintain dispatchable resources; and (d) that the recovery of costs for the actions taken by the affected electrical utility is in the public interest. (3) Subject to requirements of Subsection (2), the commission shall allow an affected electrical utility to recover through the affected electrical utility's rates, as established in a general rate case or other appropriate commission proceeding, the reasonable costs associated with: (a) any commission approved significant energy resource decision relating to a proven dispatchable generation resource within the state; (b) any commission approved voluntary resource decision relating to a proven dispatchable generation resource within the state; (c) costs necessary to acquire, expand, retrofit, or maintain proven dispatchable generation resources located within the state to comply with federal law or ensure the efficient operation of those resources; (d) costs to obtain needed generation due to a federal decision or mandate requiring the closure, retirement, or decommission of a proven dispatchable generation resource within the state until permanent replacement generation can be obtained or constructed; (e) stranded costs due to any federal decision or mandate to close, retire, or decommission proven dispatchable generation resources located within the state; and (f) reasonable legal fees and costs arising out of efforts to preserve the continued operation of proven dispatchable generation resources that are either located within the state or that provide generation to the state. (4) An affected electrical utility may recover fuel-related costs associated with acquiring and transporting fuel necessary for operating a proven dispatchable generation resource located within the state if the affected electrical utility demonstrates to the commission's satisfaction that: (a) any fuel purchase for the proven dispatchable generation resource is at a cost less than or equal to the lower of: (i) the current market price for that fuel in the general geographic area from which the resource is extracted; or (ii) the cost to purchase that fuel from an affiliate company of the affected electrical utility; (b) any fuel transportation costs are reasonable in comparison to current fuel transportation market rates; (c) the term of collective fuel supply contracts entered into by the affected electrical utility is reasonable to ensure necessary fuel supply for the affected electrical utility; and (d) that the cost for the affected electrical utility to maintain a reasonable stockpile of fuel for up to one year for the proven dispatchable generation resource is reasonable according to prudent utility practice. (5) (a) An affected electrical utility: (i) may recover reasonable ongoing operating costs incurred in connection with the operation of a proven dispatchable generation resource located within the state; and (ii) has a presumption that the ongoing operating costs described in Subsection (5)(a)(i) are reasonable as determined by the commission in a general rate case or other appropriate commission proceeding. (b) A party may submit evidence in a commission proceeding to challenge the reasonableness of the affected electrical utility's operating costs. (c) If an affected electrical utility's operating costs are unchallenged or the commission determines after a commission proceeding that a challenging party has failed to demonstrate that the affected electrical utility's operating costs are not reasonable, the affected electrical utility is entitled to recover operating costs associated with a proven dispatchable generation resource in rates. (d) If the commission determines, after hearing evidence from a challenging party, that the affected electrical utility's operating costs are not reasonable, the commission shall establish reasonable rates that allow the affected electrical utility to recover only reasonable operating costs associated with a proven dispatchable generation resource. (6) (a) Upon filing of a request for recovery under this section from an affected electrical utility that is expected to result in a rate increase, the commission shall provide a written notice of the request to the Executive Appropriations Committee and the Public Utilities, Energy, and Technology Interim Committee. (b) Upon receiving the notice described in Subsection (6)(a), the Executive Appropriations Committee may review the affected utility's request for cost recovery and determine whether to direct committee staff, or an otherwise qualified third party to intervene and advocate on behalf of the Legislature.
Utah Code § 54-8-15 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-15
§ 54-8-15. Board of equalization and review -- Appointment -- Functions and authority.
Status: in_force

Whenever the governing body of any municipality shall propose to levy any tax under any provision of this chapter, it shall before doing so, appoint a board of equalization and review which shall consist of three or more of its members. This board shall perform the functions of the governing body under Sections 54-8-16 and 54-8-17 and shall have authority to make corrections in the proposed assessments under the provisions of Section 54-8-17. After having concluded the public hearings provided for in Section 54-8-17, the board shall make a report to the body appointing it of any changes or corrections made by it in the assessment list together with its finding that each piece of property within the improvement district will be benefited in amounts not less than the assessment to be levied against such property.
Utah Code § 54-17-1201 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1201
§ 54-17-1201. Definitions.
Status: in_force

As used in this part: (1) "Agriculture protection area" means the same as that term is defined in Section 17-81-101. (2) "Solar power plant" means a utility-scale commercial facility that: (a) has a nameplate generating capacity in excess of one megawatt; and (b) converts sunlight into electricity for the primary purpose of wholesale or retail sales of generated electricity. (3) (a) "State incentive" means a tax credit, grant, subsidy, loan, or other form of financial support provided by the state or a state agency to promote or support the development or operation of a solar power plant. (b) "State incentive" includes: (i) a clean energy systems tax credit under Sections 59-7-614, 59-10-1014, and 59-10-1106; (ii) a tax credit for high cost infrastructure projects under Sections 79-6-602 and 79-6-603; and (iii) an alternative energy development tax credit under Section 79-6-503.
Utah Code § 54-20-102 — Utah Code / Title 54 / Chapter 54-20 / § 54-20-102
§ 54-20-102. Definitions.
Status: in_force

As used in this chapter: (1) "Demand side management" means the same as that term is defined in Section 54-7-12.8. (2) "Pilot program period" means a period of five years during which the sustainable transportation and energy plan is effective: (a) for a large-scale electric utility, beginning on January 1, 2017; or (b) for a large-scale natural gas utility, beginning on July 1, 2019. (3) "Sustainable transportation and energy plan" means the programs approved by the commission and undertaken by a large-scale electric utility or large-scale natural gas utility during the pilot program period, including: (a) a natural gas vehicle rate or natural gas clean air program described in Section 54-4-13.1; (b) the electric vehicle incentive program described in Section 54-20-103; (c) the clean coal technology program described in Section 54-20-104; and (d) the innovative technology programs described in Section 54-20-105.
Utah Code § 54-17-1001 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1001
§ 54-17-1001. Acquiring excess proven dispatchable generation capacity.
Status: in_force

(1) As used in this section: (a) "Allocation agreement" means a multi-state agreement that allocates the costs and benefits from energy resources serving multiple states to each participating state. (b) "Division" means the Division of Public Utilities established in Section 54-4a-1. (c) "Excess proven dispatchable generation capacity" means electric generation capacity from a proven dispatchable generating resource located in the state that is subject to an allocation agreement, where excess capacity becomes available as another state transitions away from the use of proven dispatchable generation resources. (d) "Office" means the Office of Energy Development created in Section 79-6-401. (2) If the affected electrical utility becomes aware that the affected electrical utility will have excess proven dispatchable generation capacity at an in-state proven dispatchable generation resource, the affected electrical utility shall provide notice to: (a) the commission; (b) the division; (c) the office; (d) the president of the Senate; and (e) the speaker of the House of Representatives. (3) An affected electrical utility that becomes aware of excess proven dispatchable generation capacity shall provide the notice described in Subsection (2): (a) by July 1, 2024, for any excess capacity the utility is aware of on or before May 1, 2024; or (b) within 60 days after the day the utility becomes aware of the excess capacity, for any excess capacity the utility becomes aware of after May 1, 2024. (4) An affected electrical utility may not offer excess proven dispatchable generation capacity for sale outside of the state unless the affected electrical utility has complied with Subsection (2). (5) (a) After receiving the notice described in Subsection (2), the division shall immediately begin negotiations through an allocation agreement process for excess proven dispatchable generation capacity. (b) The division shall provide regular updates on the status of negotiations under Subsection (5)(a) to the president of the Senate, the speaker of the House of Representatives, and other relevant stakeholders as determined by the commission. (6) When reviewing an affected electrical utility's application seeking approval of an agreement to allocate another state's existing share of excess proven dispatchable generation capacity, the commission shall consider: (a) the state energy policy described in Section 79-6-301; (b) recommendations made by the president of the Senate, the speaker of the House of Representatives, and the office; (c) current and forecasted electricity needs within the state and the region; (d) the potential impact on long-term electricity costs for ratepayers in the state; (e) the potential to resell excess electricity on interstate energy markets to lower costs for state ratepayers; (f) the additional operating costs borne by the state as the sole purchaser of capacity or energy from the proven dispatchable generation resource; (g) opportunities to coordinate with neighboring states with similar energy policies and goals; (h) that any excess capacity allocated and approved in rates under an agreement described in Subsection (5) shall be operated in a manner that prioritizes the interests of ratepayers in the state; (i) that all revenues from the sale of excess capacity that is allocated and approved in rates under an agreement described in Subsection (5) shall be credited to ratepayers in the state; and (j) any other factors the commission determines relevant.
Utah Code § 54-14-304 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-304
§ 54-14-304. Initial hearing.
Status: in_force

(1) The board shall convene an initial hearing within 50 days after the date review is initiated. (2) At the initial hearing, the board shall: (a) determine how the review will take place, including whether it will be conducted as a formal or informal adjudicative proceeding; and (b) set a schedule for the review proceeding. (3) The board shall hold a hearing on the merits within 60 days after the initial hearing.
Utah Code § 54-18-101 — Utah Code / Title 54 / Chapter 54-18 / § 54-18-101
§ 54-18-101. Title.
Status: in_force

This chapter is known as the "Siting of High Voltage Power Line Act."
Utah Code § 54-4-31 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-31
§ 54-4-31. Electrical corporation to issue securities only on consent of commission -- Exceptions -- Validity of securities.
Status: in_force

(1) Except as provided by Subsection (2) or (4), without prior written approval of the commission, no electrical corporation may: (a) issue any security; or (b) assume any obligation or liability as guarantor, endorser, surety, or otherwise, for any security of another person relating to the financing of pollution control revenue bonds. (2) (a) Authorization of the commission is not required for the issuance or renewal of, or assumption of liability on, a note or draft if: (i) the maturity date of the note or draft is not more than one year after the date of the issue, renewal, or assumption of liability; and (ii) the aggregate value of the note or draft together with all other outstanding notes and drafts of a maturity of one year or less on which the public utility is primarily or secondarily liable is not more than 5% of the par value of the other outstanding securities of the public utility. (b) In the case of securities having no par value, the par value for the purpose of this section is the fair market value as of the date of issue. (3) Any securities issued pursuant to an order entered by authority of this section shall be valid notwithstanding the outcome of any further proceedings, unless: (a) application for stay is filed with a court of competent jurisdiction within five days following the issuance of the order; and (b) a stay is entered by the commission or a court of competent jurisdiction within 10 days after the order is issued. (4) The commission may by rule, or by order pursuant to standards promulgated by rule, exempt any security, class of securities, electrical corporation, or class of electrical corporation from the requirement of Subsection (1), subject to any terms and conditions prescribed in the order or rule, if it finds that the application of Subsection (1) to the security, class of securities, electrical corporation, or class of electrical corporation is not required by the public interest.
Utah Code § 54-3-31 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-31
§ 54-3-31. Electric utility service within a provider municipality -- Electrical corporation authorized as continuing provider for service provided on or before June 15, 2013 -- Notice of service and agreement -- Transfer of customer.
Status: in_force

(1) This section applies to an electrical corporation that: (a) (i) provides electric service to a customer on or before June 15, 2013, within the municipal boundary of a municipality that provides electric service; or (ii) provides electric service to a customer within an area: (A) established by an agreement dated on or before June 15, 2013, with a municipality; and (B) within the municipal boundary of a municipality that provides electric service; and (b) intends to continue providing service to that customer. (2) Notwithstanding Section 54-3-30, if an electrical corporation provides electric service to a customer as described in Subsection (1), and the municipality provides electric service to another customer within its municipal boundary, the electrical corporation may continue to provide electric service to the customer within the municipality's boundary after the termination of, or in the absence of, a written agreement, if: (a) the electrical corporation provides, on or before December 15, 2013, the municipality with an accurate and complete verified written notice, in accordance with Subsection (3), identifying each customer within the municipality served by the electrical corporation on or before June 15, 2013; (b) the electrical corporation enters into a written agreement with the municipality: (i) (A) prior to the termination of any prior written agreement; or (B) in the absence of a written agreement; and (ii) no later than June 15, 2014; and (c) (i) except as provided in Subsection (2)(c)(ii), the commission approves the agreement in accordance with Section 54-4-40; or (ii) for an electrical cooperative that meets the requirements of Subsection 54-7-12(7), the governing board of the electrical cooperative approves the agreement. (3) The written notice provided in accordance with Subsection (2)(a) shall include for each customer: (a) the customer's meter number; (b) the location of the customer's meter by street address, global positioning system coordinates, metes and bounds description, or other similar method of meter location; (c) the customer's class of service; and (d) a representation that the customer was receiving service from the electrical corporation on or before June 15, 2013. (4) The agreement entered into in accordance with Subsection (2) shall require the following: (a) The electrical corporation is the exclusive electric service provider to a customer identified in the notice described in Subsection (2)(a) unless the municipality and electrical corporation subsequently agree, in writing, that the municipality may provide electric service to the identified customer. (b) If a customer who is located within the municipal boundary and who is not identified in Subsection (2)(a) requests service after June 15, 2013, from the electrical corporation, the electrical corporation may not provide that customer electric service unless the electrical corporation subsequently submits a request to and enters into a written agreement with the municipality in accordance with Section 54-3-30. (5) (a) 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)(b) by giving written notice of termination to the municipality: (i) no earlier than two years before the day of termination; or (ii) within a period of time shorter than two years if otherwise agreed to with the municipality. (b) Upon termination of an agreement in accordance with Subsection (5)(a): (i) (A) the electrical corporation shall transfer an electric service customer located within the municipality to the municipality; and (B) the municipality shall provide electric service to the customer; and (ii) 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 § 54-22-201 — Utah Code / Title 54 / Chapter 54-22 / § 54-22-201
§ 54-22-201. Notice -- Testing -- Reporting -- Access to property.
Status: in_force

(1) A livestock owner or livestock operator shall file a notice with an electric entity as provided in Subsection (2) if the livestock owner or livestock operator believes that the livestock owner's or livestock operator's livestock is affected by stray current or voltage that may be attributable to an electric entity and is seeking a remedy from the electric entity. (2) To file a notice, a livestock owner or livestock operator shall provide written notice to the electric entity that documents: (a) the address of the livestock owner or livestock operator and the location of the potential stray current or voltage; and (b) a description of the claimed impacts of the potential stray current or voltage. (3) Within 30 days of receipt of notice under Subsection (1), the electric entity shall provide for testing for stray current or voltage at the location that is the subject of the notice required by Subsection (2) by a qualified testing professional. (4) (a) Within 60 days after completion of the tests required to be performed under this chapter, a qualified testing professional shall prepare a written report. The written report shall include: (i) a summary of the tests performed; and (ii) the data and results from the tests. (b) The electric entity shall provide a copy of the written report to the livestock owner or livestock operator who provided notice under Subsection (2). (5) A livestock owner or livestock operator who provides written notice under Subsection (2) shall provide reasonable access to the property where alleged stray current or voltage has occurred to allow testing to be conducted as directed under this section.
Utah Code § 54-21-302 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-302
§ 54-21-302. Permitting process, requirements, and limitations.
Status: in_force

(1) An authority may require an applicant to obtain a permit to: (a) collocate a small wireless facility in a right-of-way; or (b) install a new, modified, or replacement utility pole associated with a small wireless facility in a right-of-way, as provided in Section 54-21-204. (2) If an authority establishes a permitting process under Subsection (1), the authority: (a) shall ensure that a required permit is of general applicability; (b) may not require: (i) directly or indirectly, that an applicant perform a service or provide a good unrelated to the permit, including reserving fiber, conduit, or pole space for the authority; (ii) an applicant to provide more information to obtain a permit than a communications service provider that is not a wireless provider or a utility, except to the extent the applicant is required to include construction or engineering drawings or other information to demonstrate the applicant's application should be not denied under Subsection (7); (iii) the placement of a small wireless facility on a specific utility pole or category of poles; (iv) multiple antenna systems on a single utility pole; or (v) a minimum separation distance, limiting the placement of a small wireless facility; and (c) may require an applicant to attest that the small wireless facility will be operational for use by a wireless service provider within 270 days after the day on which the authority issues the permit, except in the case that: (i) the authority and the applicant agree to extend the 270-day period; or (ii) lack of commercial power or communications transport infrastructure to the site delays completion. (3) Within 30 days after the day on which an authority receives an application for the collocation of a small wireless facility or for a new, modified, or replacement utility pole, the authority shall: (a) determine whether the application is complete; and (b) notify the applicant in writing of the authority's determination of whether the application is complete. (4) If an authority determines, within the applicable time period described in Subsection (3), that an application is incomplete: (a) the authority shall specifically identify the missing information in the written notification sent to the applicant under Subsection (3)(b); and (b) the processing deadline in Subsection (6) is tolled: (i) from the day on which the authority sends the applicant the written notice to the day on which the authority receives the applicant's missing information; or (ii) as the applicant and the authority agree. (5) An application for a small wireless facility expires if: (a) the authority notifies the wireless provider that the wireless provider's application is incomplete, in accordance with Subsection (4); and (b) the wireless provider fails to respond within 90 days after the day on which the authority notifies the wireless provider under Subsection (5)(a). (6) (a) An authority shall: (i) process an application on a nondiscriminatory basis; and (ii) approve or deny an application: (A) for the collocation of a small wireless facility, within 60 days after the day on which the authority receives the complete application; and (B) for a new, modified, or replacement utility pole, within 105 days after the day on which the authority receives the complete application. (b) If an authority fails to approve or deny an application within the applicable time period described in Subsection (6)(a)(ii), the application is approved. (c) Notwithstanding Subsections (6)(a) and (b), an authority may extend the applicable period described in Subsection (6)(a)(ii) for a single additional period of 10 business days, if the authority notifies the applicant before the day on which approval or denial is originally due. (7) An authority may deny an application to collocate a small wireless facility or to install, modify, or replace a utility pole that meets the height limitations under Section 54-21-205, only if the action requested in the application: (a) materially interferes with the safe operation of traffic control equipment; (b) materially interferes with a sight line or a clear zone for transportation or pedestrians; (c) materially interferes with compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 et seq., or a similar federal or state standard regarding pedestrian access or movement; (d) fails to comply with applicable laws or legal obligations; (e) creates a public health or safety hazard; or (f) obstructs or hinders the usual travel or public safety of the right-of-way. (8) (a) If an authority denies an application under Subsection (7), the authority shall: (i) document the basis for the denial, including any specific law on which the denial is based; and (ii) send the documentation described in Subsection (8)(a)(i) to the applicant on or before the day on which the authority denies the application. (b) Within 30 days after the day on which an authority denies an application, the applicant may, without paying an additional application fee: (i) cure any deficiency the authority identifies in the applicant's application; and (ii) resubmit the application. (c) (i) An authority shall approve or deny an application revised in accordance with Subsection (8)(b) within 30 days after the day on which the authority receives the revised application. (ii) A review of an application revised in accordance with Subsection (8)(b) is limited to the deficiencies documented as the basis for denial unless the applicant has changed another portion of the application. (9) (a) Subject to Subsections (9)(b) and (c), if an applicant seeks to: (i) collocate multiple small wireless facilities within a single authority, the authority shall allow the applicant, at the applicant's discretion, to file a consolidated application for the collocation of up to 25 small wireless facilities, if all of the small wireless facilities in the consolidated application are: (A) substantially the same type; and (B) proposed for collocation on substantially the same types of structures; or (ii) install, modify, or replace multiple utility poles within a single authority, the authority shall allow the applicant, at the applicant's discretion, to file a consolidated application for the installation, modification, or replacement of up to 25 utility poles. (b) An applicant may not file within a 30-day period: (i) with a category one authority, more than: (A) three consolidated applications; or (B) multiple applications that collectively seek permits for a combined total of more than 75 small wireless facilities and utility poles; or (ii) with a category two authority, more than: (A) one consolidated application; or (B) multiple applications that collectively seek permits for a combined total of more than 25 small wireless facilities and utility poles. (c) A consolidated application described in Subsection (9)(a) may not combine applications solely for collocation of small wireless facilities on existing utility poles with applications for the installation, modification, or replacement of a utility pole. (d) If an authority denies the application for one or more utility poles, or one or more small wireless facilities, in a consolidated application, the authority may not use the denial as a basis to delay the application process of any other utility pole or small wireless facility in the same consolidated application. (10) A wireless provider shall complete the installation or collocation for which a permit is granted under this part within 270 days after the day on which the authority issues the permit, unless: (a) the authority and the applicant agree to extend the one-year period; or (b) lack of commercial power or communications facilities at the site delays completion. (11) Approval of an application authorizes the applicant to: (a) collocate or install a small wireless facility or utility pole, as requested in the application; and (b) subject to applicable relocation requirements and the applicant's right to terminate at any time, operate and maintain for a period of at least 10 years: (i) any small wireless facility covered by the permit; and (ii) any utility pole covered by the permit. (12) If there is no basis for denial under Subsection (7), an authority shall grant the renewal of an application under this section for an equivalent duration. (13) An authority may not institute, either expressly or de facto, a moratorium on filing, receiving, or processing an application, or issuing a permit or another approval, if any, for: (a) the collocation of a small wireless facility; or (b) the installation, modification, or replacement of a utility pole to support a small wireless facility. (14) The approval of the installation, placement, maintenance, or operation of a small wireless facility, in accordance with this chapter, does not authorize: (a) the provision of a communications service in the right-of-way; or (b) the installation, placement, or operation of a facility, other than the approved small wireless facility, in the right-of-way.
Utah Code § 54-17-601 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-601
§ 54-17-601. Definitions.
Status: in_force

As used in this part: (1) "Adjusted retail electric sales" means the total kilowatt-hours of retail electric sales of an electrical corporation to customers in this state in a calendar year, reduced by: (a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation; (b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a clean energy source or that otherwise has not been used to satisfy Subsection 54-17-602(1): (i) wind energy; (ii) solar photovoltaic and solar thermal energy; (iii) wave, tidal, and ocean thermal energy; (iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including: (A) organic waste; (B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (C) agricultural residues; (D) dedicated energy crops; and (E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (v) geothermal energy; (vi) hydroelectric energy; or (vii) waste gas and waste heat capture or recovery; and (c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from demand side management as defined in Section 54-7-12.8, with the kilowatt-hours for an electrical corporation whose rates are regulated by the commission and adjusted by the commission to exclude kilowatt-hours for which a renewable energy certificate is issued under Subsection 54-17-603(4)(b). (2) "Amount of kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying carbon sequestration generation," for qualifying carbon sequestration generation, means the kilowatt-hours supplied by a facility during the calendar year multiplied by the ratio of the amount of carbon dioxide captured from the facility and sequestered to the sum of the amount of carbon dioxide captured from the facility and sequestered plus the amount of carbon dioxide emitted from the facility during the same calendar year. (3) "Banked renewable energy certificate" means a bundled or unbundled renewable energy certificate that is: (a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and (b) carried forward into a subsequent year. (4) "Bundled renewable energy certificate" means a renewable energy certificate for qualifying electricity that is acquired: (a) by an electrical corporation by a trade, purchase, or other transfer of electricity that includes the renewable energy attributes of, or certificate that is issued for, the electricity; or (b) by an electrical corporation by generating the electricity for which the renewable energy certificate is issued. (5) "Clean energy source" means: (a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995, that derives its energy from one or more of the following: (i) wind energy; (ii) solar photovoltaic and solar thermal energy; (iii) wave, tidal, and ocean thermal energy; (iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including: (A) organic waste; (B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (C) agricultural residues; (D) dedicated energy crops; and (E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (v) geothermal energy located outside the state; (vi) waste gas and waste heat capture or recovery, including methane gas from: (A) an abandoned coal mine; or (B) a coal degassing operation associated with a state-approved mine permit; (vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995; (viii) compressed air, if: (A) the compressed air is taken from compressed air energy storage; and (B) the energy used to compress the air is a clean energy source; (ix) municipal solid waste; or (x) energy derived from nuclear fuel; (b) any of the following: (i) up to 50 average megawatts of electricity per year per electrical corporation from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization; (ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; or (iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational; (c) hydrogen gas derived from any source of energy described in Subsection (5)(a) or (b); (d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (5)(a) through (c); and (e) any of the following located in the state and owned by a user of energy: (i) a demand side management measure, as defined by Subsection 54-7-12.8(1), with the quantity of renewable energy certificates to which the user is entitled determined by the equivalent energy saved by the measure; (ii) a solar thermal system that reduces the consumption of fossil fuels, with the quantity of renewable energy certificates to which the user is entitled determined by the equivalent kilowatt-hours saved, except to the extent the commission determines otherwise with respect to net-metered energy; (iii) a solar photovoltaic system that reduces the consumption of fossil fuels with the quantity of renewable energy certificates to which the user is entitled determined by the total production of the system, except to the extent the commission determines otherwise with respect to net-metered energy; (iv) a hydroelectric or geothermal facility with the quantity of renewable energy certificates to which the user is entitled determined by the total production of the facility, except to the extent the commission determines otherwise with respect to net-metered energy; (v) a waste gas or waste heat capture or recovery system, other than from a combined cycle combustion turbine that does not use waste gas or waste heat, with the quantity of renewable energy certificates to which the user is entitled determined by the total production of the system, except to the extent the commission determines otherwise with respect to net-metered energy; and (vi) the station use of solar thermal energy, solar photovoltaic energy, hydroelectric energy, geothermal energy, waste gas, or waste heat capture and recovery. (6) "Electrical corporation": (a) is as defined in Section 54-2-1; and (b) does not include a person generating electricity that is not for sale to the public. (7) "Qualifying carbon sequestration generation" means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that: (a) becomes operational or is retrofitted on or after January 1, 2008; and (b) reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through another verifiably permanent reduction in carbon dioxide emissions through the use of technology. (8) "Qualifying electricity" means electricity generated on or after January 1, 1995, from a clean energy source if: (a) (i) the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or (ii) the qualifying electricity is delivered to the transmission system of an electrical corporation or a delivery point designated by the electrical corporation for the purpose of subsequent delivery to the electrical corporation; and (b) the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. (9) "Qualifying zero carbon emissions generation": (a) means a generation facility located within the geographic boundary of the Western Electricity Coordinating Council that: (i) becomes operational on or after January 1, 2008; and (ii) does not produce carbon as a byproduct of the generation process; (b) includes generation powered by nuclear fuel; and (c) does not include renewable energy sources used to satisfy the requirement established under Subsection 54-17-602(1). (10) "Renewable energy certificate" means a certificate issued under Section 54-17-603. (11) "Unbundled renewable energy certificate" means a renewable energy certificate associated with: (a) qualifying electricity that is acquired by an electrical corporation or other person by trade, purchase, or other transfer without acquiring the electricity for which the certificate was issued; or (b) activities listed in Subsection (5)(e).
Utah Code § 54-24-203 — Utah Code / Title 54 / Chapter 54-24 / § 54-24-203
§ 54-24-203. Wildland fire protection plan for an electric cooperative.
Status: in_force

(1) An electric cooperative shall prepare a wildland fire protection plan in accordance with the requirements of this chapter. (2) A wildland fire protection plan under Subsection (1) shall include: (a) a description of areas within the service territory of the electric cooperative that may be subject to a heightened risk of wildland fire; (b) a description of the procedures, standards, and time frames that the electric cooperative will use to inspect and operate its infrastructure; (c) a description of the procedures and standards that the electric cooperative will use to perform vegetation management; (d) a description of proposed modifications or upgrades to facilities and preventative programs that the electric cooperative will implement to reduce the risk of its electric facilities initiating a wildland fire; (e) a description of procedures for de-energizing power lines and disabling reclosers to mitigate potential wildland fires, taking into consideration: (i) the ability of the electric cooperative to reasonably access the proposed power line to be de-energized; (ii) the balance of the risk of wildland fire with the need for continued supply of electricity to a community; and (iii) any potential impact to public safety, first responders, and health and communication infrastructure; (f) a description of the procedures the electric cooperative intends to use to restore its electrical system in the event of a wildland fire; and (g) a description of potential consultation, if applicable, with state or local wildland fire protection plans. (3) (a) An electric cooperative shall submit the wildland fire protection plan described in this section to its governing authority: (i) on or before June 1, 2020; and (ii) on or before October 1 of every third year after calendar year 2020. (b) The governing authority shall: (i) review the plan submitted under Subsection (3)(a); and (ii) consider input from: (A) the Division of Forestry, Fire, and State Lands created in Section 65A-1-4; (B) any other appropriate federal, state, or local entity that chooses to provide input; and (C) other interested persons who choose to provide input. (c) The governing authority shall approve a wildland fire protection plan submitted under Subsection (3)(a) if the plan: (i) is reasonable and in the interest of the electric cooperative members; and (ii) appropriately balances the costs of implementing the plan with the risk of a potential wildland fire. (d) An electric cooperative shall file with the commission a wildland fire protection plan submitted and approved under this section. (4) An electric cooperative shall: (a) file with its governing authority an annual report detailing the electric cooperative's compliance with the wildland fire protection plan; and (b) file with the commission a copy of the annual compliance report described in Subsection (4)(a). (5) The commission shall make available for public inspection: (a) a wildland fire protection plan filed under Subsection (3)(d); and (b) an annual compliance report filed under Subsection (4)(b).
Utah Code § 54-8-25 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-25
§ 54-8-25. Utilities responsible for work -- May subcontract -- Title to converted facilities retained.
Status: in_force

(1) The utility concerned: (a) shall be responsible for the accomplishment of all construction work to the point of delivery; and (b) may contract out any part of the construction work as it considers desirable. (2) Title to the converted facilities shall be at all times solely and exclusively vested in the public utility corporations involved. (3) The public body, improvement district, or the public generally will not own the facilities at any time and the public is purchasing only the intangible benefits which come from converted facilities, that is the removal of the overhead facilities and replacement by underground facilities.
Utah Code § 54-14-202 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-202
§ 54-14-202. Public utility to provide standard cost and estimated excess cost.
Status: in_force

(1) (a) A public utility shall provide the information described in Subsection (1)(b) if a local government: (i) is considering imposing requirements or conditions on construction of a facility that may result in an estimated excess cost and requests that the public utility provide the estimated excess cost; or (ii) recommends an alternative to the public utility's proposed high voltage transmission line corridor in accordance with the provisions of Title 54, Chapter 18, Siting of High Voltage Power Line Act. (b) Subject to Subsection (1)(a), a public utility shall provide to the local government: (i) (A) the estimated standard cost of the facility; and (B) the estimated excess cost of the facility if constructed in accordance with local government requirements or conditions; and (ii) the estimated cost of the alternative line corridor proposed by a local government provided that all affected land use authorities agree to the alternative line corridor proposed by the local government. (2) If a public utility does not provide the information as described in Subsection (1), the local government may: (a) appeal to the board; and (b) request that the board review the information provided by the public utility. (3) (a) If the board finds that the public utility has failed to provide the standard costs and estimated excess costs in accordance with the provisions of Subsection (1), the board may request additional information from the public utility. (b) In accordance with Subsection (3)(a), a public utility shall provide any information requested by the board within 30 days of the day that the request was made. (c) If a public utility fails to comply with Subsections (3)(a) and (b), the board may suspend issuing its written decision in accordance with Section 54-14-305 for 30 days after the day on which the public utility provides the information requested under Subsection (3)(a).
Utah Code § 54-7-26 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-26
§ 54-7-26. Violations by officers or agents of utility -- Penalty.
Status: in_force

Every officer, agent, or employee of any public utility who violates or fails to comply with, or who procures, aids, or abets any violation by any public utility of any provision of the Constitution of this state or of this title, or who fails to obey, observe, 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 failure to obey, observe, and comply with any order, decision, direction, demand, or requirement, or any part or provision thereof, in a case in which a penalty has not been provided for, the officer, agent, or employee is guilty of a class A misdemeanor.
Utah Code § 54-22-202 — Utah Code / Title 54 / Chapter 54-22 / § 54-22-202
§ 54-22-202. Plan to reduce or eliminate stray current or voltage.
Status: in_force

(1) The procedure described in Subsection (2) shall be followed if, through testing by a qualified testing professional as described in Section 54-22-201, it is determined that the electric entity's contribution to any stray current or voltage is 50% or more of the actionable level. (2) If the conditions of Subsection (1) are met, the electric entity shall diligently pursue remediation to the electric entity's contribution to any stray current or voltage to less than 50% of the actionable level within 90 days. (3) The livestock owner or livestock operator who provides written notice under Subsection 54-22-201(2) shall provide reasonable access for remediation.
Utah Code § 54-4a-5 — Utah Code / Title 54 / Chapter 54-4a / § 54-4a-5
§ 54-4a-5. Interests, relationships, and actions by employees prohibited.
Status: in_force

No employee of the Division of Public Utilities shall, while so employed: (1) have any pecuniary interest, whether as the holder of stock or other securities, or otherwise have any conflict of interest with any public utility or other entity subject to the jurisdiction of the commission; (2) have any office, position, or relationship, or be engaged in any business or avocation which interferes or is incompatible with the effective and objective fulfillment of the duties of office or employment with the division; (3) accept any gift, gratuity, emolument, or employment from any public utility or any other entity subject to the jurisdiction of the commission or from any officer, agent, or employee thereof; or (4) solicit, suggest, request, or recommend, directly or indirectly, the appointment of any person or entity to any office or employment with any public utility or other entity subject to the jurisdiction of the Public Service Commission.
Utah Code § 54-13-7 — Utah Code / Title 54 / Chapter 54-13 / § 54-13-7
§ 54-13-7. Minimum distances for placement of structures and facilities near main and transmission lines.
Status: in_force

(1) As used in this section: (a) "Main" has the meaning set forth in 49 C.F.R. Section 192.3. (b) "Minimum distance" means: (i) the width of a recorded easement when the width is described; (ii) 15 feet when the width of a recorded easement is undefined; or (iii) for any underground facility, it means an area measured one foot vertically and three feet horizontally from the outer surface of a main or transmission line. (c) "Transmission line" has the meaning set forth in 49 C.F.R. Section 192.3. (d) "Underground facility" has the meaning set forth in Section 54-8a-2. (2) (a) After April 30, 1995, a building or structure requiring slab support or footings, or an underground facility may not be placed within the minimum distance of a main or transmission line. (b) Subsection (2)(a) does not apply if: (i) the building or structure is used for public or railroad transportation, natural gas pipeline purposes, or by a public utility subject to the jurisdiction or regulation of the Public Service Commission; (ii) in order to receive natural gas service, the building or structure must be located within the minimum distance of the pipeline; (iii) the owner or operator of the main or transmission line has been notified prior to construction or placement pursuant to Section 54-8a-4 and has given written permission; or (iv) the commission by rule exempts such action from the provisions of Subsection (2)(a). (3) (a) An owner or operator of a main or transmission line may obtain a mandatory injunction from a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, against any person who violates Subsection (2). (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the owner or operator shall bring an action described in Subsection (3)(a) in the county in which the main or transmission line is located if the action is brought in the district court. (4) The penalties specified in Chapter 7, Hearings, Practice, and Procedure, do not apply to a violation of this section.
Utah Code § 54-17-1204 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1204
§ 54-17-1204. Decommissioning plan.
Status: in_force

(1) An owner of a solar power plant for which a conditional use permit is issued after May 6, 2026, shall: (a) place financial assurance with the appropriate local jurisdiction, state entity, or land owner in accordance with Section 11-17-12 in the form of: (i) a bond; (ii) a parent company guarantee; (iii) an irrevocable letter of credit; or (iv) an alternate form of financial security; (b) ensure the amount of financial security is not less than the estimated cost of decommissioning and reclaiming the solar power plant, after deducting reasonable salvage value, as calculated by: (i) a third party with expertise in decommissioning, hired by the owner and agreed to by the appropriate local jurisdiction; and (ii) if required by the appropriate local jurisdiction, an engineer registered with the state; (c) create and update a decommissioning and reclamation plan every five years from the initial commercial operating date of the solar power plant that: (i) incorporates changes resulting from inflation or changes in total cost estimates; (ii) specifies the condition to which the site shall be returned, unless otherwise specified and agreed upon by the property owner and appropriate local jurisdiction; (iii) requires removal of materials, including steel piles, concrete foundations, and buried cabling, to a depth of four feet below the surface, unless otherwise specified in the plan due to local permitting requirements; and (iv) addresses vegetation and soil restoration, based on environmental field surveys and site characterizations conducted before construction, unless otherwise specified in the plan due to local permitting requirements; (d) in the case of cessation of operation, abandonment, or damage of the solar power plant: (i) rectify any deficiency within 90 days after receiving written notice from the appropriate local jurisdiction by certified mail; or (ii) provide a written plan to the appropriate local jurisdiction with an amended cure date if 90 days is insufficient due to circumstances beyond the owner's control; and (e) if seeking to repower the solar power plant at the end of the useful life of the solar power plant: (i) complete necessary local permitting and approval requirements within 18 months before decommissioning requirements or penalties are incurred; or (ii) obtain an extension from the local permitting authority. (2) As a condition of the conditional use permit, the decommissioning plan shall be approved by the appropriate local jurisdiction's governing body before an owner commences construction on the solar power plant project site.
Utah Code § 54-21-601 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-601
§ 54-21-601. General.
Status: in_force

(1) An authority may, to the extent allowed by law and consistent with this chapter, establish rates, fees, and other terms that comply with this chapter by: (a) implementing an ordinance; or (b) if applicable, executing an agreement with a wireless provider. (2) In the absence of an ordinance or agreement that fully complies with this chapter, a wireless provider may install and operate a small wireless facility or a utility pole associated with a small wireless facility: (a) subject to Section 54-21-602; and (b) under the requirements of this chapter. (3) An authority may establish an ordinance or require an agreement to implement this chapter. (4) (a) Subject to Subsection (4)(b), an authority may require a wireless provider to agree to reasonable and nondiscriminatory indemnification, insurance, or bonding requirements before a wireless provider collocates a small wireless facility in a right-of-way. (b) An authority may not impose on a wireless provider an indemnification requirement described in Subsection (4)(a) that requires the wireless provider to indemnify the authority for the authority's negligence. (5) An authority's obligations under this chapter may not be tolled or extended pending the implementation of an ordinance or negotiation of an agreement to implement this chapter. (6) (a) Nothing in this section prohibits an authority from entering into a written, nondiscriminatory agreement with one or more wireless providers to jointly test certain traffic-related functions, or other technology related to research, using specified assets of the authority or the wireless providers. (b) An agreement described in Subsection (6)(a) may: (i) waive certain fees the participating wireless provider would otherwise be required to pay to the authority; or (ii) allow the participating wireless provider to pay certain fees in cash, in-kind compensation, or in a combination of cash and in-kind compensation.
Utah Code § 54-24-101 — Utah Code / Title 54 / Chapter 54-24 / § 54-24-101
§ 54-24-101. Title.
Status: in_force

This chapter is known as the "Wildland Fire Planning and Cost Recovery Act."
Utah Code § 54-23-101 — Utah Code / Title 54 / Chapter 54-23 / § 54-23-101
§ 54-23-101. Title.
Status: in_force

This chapter is known as "Crossing Railroad Rights-of-Way by Fiber Optic Carriers."
Utah Code § 54-17-804 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-804
§ 54-17-804. Exemption from certificate of convenience and necessity requirements.
Status: in_force

(1) A qualified utility is not required to comply with Section 54-4-25 with respect to a clean energy facility that is the subject of a clean energy contract if: (a) each contract necessary for the commission to determine compliance with this part is filed with the commission; and (b) the commission determines that each contract relating to the clean energy facility complies with this part. (2) In making its determination under Subsection (1)(b), the commission may process and consider together multiple clean energy contracts between the same contract customer and the qualified utility providing for the delivery of electricity from a clean energy facility to the contract customer's multiple metered delivery locations.
Utah Code § 54-7-1.5 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-1.5
§ 54-7-1.5. Communications between commission personnel and parties restricted.
Status: in_force

No member of the Public Service Commission, administrative law judge, or commission employee who is or may reasonably be expected to be involved in the decision making process, shall make or knowingly cause to be made to any party any communication relevant to the merits of any matter under adjudication unless notice and an opportunity to be heard are afforded to all parties. No party shall make or knowingly cause to be made to any member of the commission, administrative law judge, or commission employee who is or may reasonably be expected to be involved in the decision making process, an ex parte communication relevant to the merits of any matter under adjudication. Any member of the commission, administrative law judge or commission employee who receives an ex parte communication shall place the communication into the public record of the proceedings and afford all parties an opportunity to comment on the information.
Utah Code § 54-13-2 — Utah Code / Title 54 / Chapter 54-13 / § 54-13-2
§ 54-13-2. Commission's responsibilities.
Status: in_force

The commission is responsible for establishing safety standards and practices for intrastate pipeline transportation and shall make and enforce rules required by the federal Natural Gas Pipeline Safety Act to maintain state control over the regulation of intrastate pipeline transportation.
Utah Code § 54-13-8 — Utah Code / Title 54 / Chapter 54-13 / § 54-13-8
§ 54-13-8. Violation of chapter -- Penalty.
Status: in_force

(1) Any person engaged in intrastate pipeline transportation who is determined by the commission, after notice and an opportunity for a hearing, to have violated any provision of this chapter or any rule or order issued under this chapter, is liable for a civil penalty of not more than $100,000 for each violation for each day the violation persists. (2) The maximum civil penalty assessed under this section may not exceed $1,000,000 for any related series of violations. (3) The amount of the penalty shall be assessed by the commission by written notice. (4) In determining the amount of the penalty, the commission shall consider: (a) the nature, circumstances, and gravity of the violation; and (b) with respect to the person found to have committed the violation: (i) the degree of culpability; (ii) any history of prior violations; (iii) the effect on the person's ability to continue to do business; (iv) any good faith in attempting to achieve compliance; (v) the person's ability to pay the penalty; and (vi) any other matter, as justice may require. (5) (a) A civil penalty assessed under this section may be recovered in an action brought by the attorney general on behalf of the state in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, or before referral to the attorney general, it may be compromised by the commission. (b) The amount of the penalty, when finally determined, or agreed upon in compromise, may be deducted from any sum owed by the state to the person charged. (6) Any penalty collected under this section shall be deposited in the General Fund.
Utah Code § 54-7-14 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-14
§ 54-7-14. Orders and decisions conclusive on collateral attack.
Status: in_force

In all collateral actions or proceedings the orders and decisions of the commission which have become final shall be conclusive.
Utah Code § 54-21-205 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-205
§ 54-21-205. Height limitations in a right-of-way.
Status: in_force

(1) A new or modified utility pole that has a collocated small wireless facility, and that is installed in a right-of-way, may not exceed 50 feet above ground level. (2) An antenna of a small wireless facility may not extend more than 10 feet above the top of a utility pole existing on or before September 1, 2018.
Utah Code § 54-14-201 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-201
§ 54-14-201. Conditions on siting of facilities by local governments -- Payment of actual excess costs.
Status: in_force

If otherwise authorized by law, a local government may require or condition the construction of a facility in any manner if: (1) the requirements or conditions do not impair the ability of the public utility to provide safe, reliable, and adequate service to its customers; and (2) the local government pays for the actual excess cost resulting from the requirements or conditions, except: (a) any actual excess costs that the public utility collects from its customers pursuant to an order, rule, or regulation of the commission; or (b) any portion of the actual excess costs that the board requires to be borne by the public utility.
Utah Code § 54-7-30 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-30
§ 54-7-30. Interstate commerce -- Title does not apply.
Status: in_force

Neither this title nor any provisions thereof, except when specifically so stated, shall apply to or be construed to apply to commerce with foreign nations or commerce among the several states of this Union, except insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of Congress.
Utah Code § 54-17-802 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-802
§ 54-17-802. Contracts for the purchase of electricity from a clean energy facility.
Status: in_force

(1) Within a reasonable time after receiving a request from a contract customer and subject to reasonable credit requirements, a qualified utility shall enter into a clean energy contract with the requesting contract customer to supply some or all of the contract customer's electric service from one or more clean energy facilities selected by the contract customer. (2) Subject to a contract customer agreeing to pay the qualified utility for all incremental costs associated with metering facilities, communication facilities, and administration, a clean energy contract may provide for electricity to be delivered to a contract customer: (a) from one clean energy facility to a contract customer's single metered delivery location; (b) from multiple clean energy facilities to a contract customer's single metered delivery location; or (c) from one or more clean energy facilities to a single contract customer's multiple metered delivery locations. (3) (a) A single contract customer may aggregate multiple metered delivery locations to satisfy the minimum megawatt limit under Subsection (4). (b) Multiple contract customers may not aggregate their separate metered delivery locations to satisfy the minimum megawatt limit under Subsection (4). (4) The amount of electricity provided to a contract customer under a clean energy contract may not be less than 2.0 megawatts. (5) The amount of electricity provided in any hour to a contract customer under a clean energy contract may not exceed the contract customer's metered kilowatt-hour load in that hour at the metered delivery locations under the contract. (6) A clean energy contract that meets the requirements of Subsection (4) may provide for one or more increases in the amount of electricity to be provided under the contract even though the amount of electricity to be provided by the increase is less than the minimum amount required under Subsection (4). (7) The total amount of electricity to be generated by clean energy facilities and delivered to contract customers at any one time under all clean energy contracts may not exceed 300 megawatts, unless the commission approves in advance a higher amount. (8) Electricity generated by a clean energy facility and delivered to a contract customer under a clean energy contract may not be included in a net metering program under Chapter 15, Net Metering of Electricity.
Utah Code § 54-3-21 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-21
§ 54-3-21. Commission to be furnished information and copies of records -- Hearings before commission to be public -- Privilege.
Status: in_force

(1) Every public utility shall furnish to the commission in such form and such detail as the commission shall prescribe all tabulations and computations and all other information required by it to carry into effect any of the provisions of this title, and shall make specific answers to all questions submitted by the commission. (2) Every public utility receiving from the commission any blanks with directions to fill the same shall cause the same to be properly filled so as to answer fully and correctly each question propounded therein; in case it is unable to answer any question, it shall give a good and sufficient reason for such failure. (3) Whenever required by the commission every public utility shall deliver to the commission copies of any or all maps, profiles, contracts, agreements, franchises, reports, books, accounts, papers and records in its possession or in any way relating to its property or affecting its business, and also a complete inventory of all its property in such form as the commission may direct. (4) Hearings or proceedings of the commission or of any commissioner shall be open to the public, and all records of all hearings or proceedings or orders, rules or investigations by the commission or any commissioner shall be at all times open to the public; provided, that any information furnished the commission by a public utility or by any officer, agent or employee of any public utility may be withheld from the public whenever and during such time as the commission may determine that it is for the best interests of the public to withhold such information. Any officer or employee of the commission who in violation of the provisions of this subsection divulges any such information is guilty of a class B misdemeanor.
Utah Code § 54-17-401 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-401
§ 54-17-401. Definitions -- Rules.
Status: in_force

(1) As used in this part: (a) "Energy utility" means one of the following with 200,000 retail customers in the state: (i) an electrical corporation; or (ii) a gas corporation. (b) "Resource decision" means a decision, other than a decision to construct or acquire a significant energy resource, involving: (i) an energy utility's acquisition, management, or operation of energy production, processing, transmission, or distribution facilities or processes including: (A) a facility or process for the efficient, reliable, or safe provision of energy to retail customers; (B) an energy efficiency and conservation program; or (C) rural gas infrastructure development; or (ii) a decision determined by the commission to be appropriate for review under this part. (c) "Rural gas infrastructure development" means the acquisition, planning, development, extension, expansion, and construction of natural gas utility facilities to serve previously unserved rural areas of the state. (2) The commission may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to specify the nature of resource decisions subject to approval under Section 54-17-402.
Utah Code § 54-17-806 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-806
§ 54-17-806. Qualified utility clean energy tariff.
Status: in_force

(1) The commission may authorize a qualified utility to implement a clean energy tariff in accordance with this section if the commission determines the tariff that the qualified utility proposes is reasonable and in the public interest. (2) The commission may authorize a tariff under Subsection (1) to apply to: (a) a qualified utility customer with an aggregated electrical load of at least five megawatts; or (b) a combination of qualified utility customers who are separately metered if: (i) the aggregated electrical load of the qualified utility customers is at least five megawatts; and (ii) each of the qualified utility customers is located within a project area, as defined in Section 11-58-102. (3) A customer who agrees to take service that is subject to the clean energy tariff under this section shall pay: (a) the customer's normal tariff rate; (b) an incremental charge in an amount equal to the difference between the cost to the qualified utility to supply clean generation to the clean energy tariff customer and the qualified utility's avoided costs as defined in Subsection 54-2-1(1), or a different methodology recommended by the qualified utility; and (c) an administrative fee in an amount approved by the commission. (4) The commission shall allow a qualified utility to recover the qualified utility's prudently incurred cost of clean generation procured pursuant to the tariff established in this section that is not otherwise recovered from the proceeds of the tariff paid by customers agreeing to service that is subject to the clean energy tariff.
Utah Code § 54-1-8 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-8
§ 54-1-8. Expenses of commission.
Status: in_force

The Public Service Commission shall be provided by the state with such offices, equipment and facilities as may be proper and necessary for the performance of its duties. All necessary expenses of the commission including salaries of the secretary, and the compensation of all other persons employed by the commission, and all expenses of every kind incurred in the administration of this title shall be paid from the funds appropriated for the use of the commission after being approved by the commission upon claims therefor to be duly audited by the proper authority. The commissioners and secretary and such clerks, experts, attorneys and other subordinates as may be employed by it, shall be entitled to receive their necessary traveling expenses for authorized travel on business of the commission.
Utah Code § 54-20-103 — Utah Code / Title 54 / Chapter 54-20 / § 54-20-103
§ 54-20-103. Electric vehicle incentive program.
Status: in_force

(1) The commission shall, before July 1, 2017, authorize a large-scale electric utility to establish a program that promotes customer choice in electric vehicle charging equipment and service that includes: (a) an incentive to a large-scale electric utility customer to install or provide electric vehicle infrastructure; (b) time of use pricing for electric vehicle charging; (c) any measure that the commission determines is in the public interest that incentivizes the competitive deployment of electric vehicle charging infrastructure. (2) The commission may review the expenditures made by a large-scale electric utility for the 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. (3) A large-scale electric utility proposing a program for approval by the commission under this section shall, before submitting the program to the commission for approval, seek input from: (a) the Division of Public Utilities; (b) the Office of Consumer Services; (c) the Division of Air Quality; and (d) any person that files a request for notice with the commission.
Utah Code § 54-26-505 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-505
§ 54-26-505. Connected generation systems.
Status: in_force

(1) A large load customer may obtain all needed electric services from a large-scale generation provider through a connected generation system consistent with this chapter. (2) A large-scale generation provider may provide service on or through a connected generation system if the provider: (a) registers with the commission in accordance with Section 54-26-501; (b) uses only qualifying generation resources; (c) maintains sufficient generation capacity to serve all contracted load; (d) provides the commission with: (i) system design and operational information; (ii) emergency response procedures; and (iii) notification of any changes in system configuration or operation; and (e) maintains commercial liability insurance as required under Section 54-26-602. (3) A large-scale generation provider that provides service on or through a connected generation system consistent with the requirements of this chapter is exempt from commission regulation as a public utility under this title. (4) A closed private generation system or a large-scale generation provider that provides service through a closed private generation system may connect to the interstate transmission system of a transmission provider only if: (a) the closed private generation system is interconnected to the interstate transmission system pursuant to the transmission provider's Federal Energy Regulatory Commission approved open access transmission tariff; and (b) the commission determines that the closed private generation system or large-scale generation provider has satisfied the requirements of this chapter for the provision of service on or through a connected generation system. (5) A closed private generation system or a large-scale generation provider that provides service through a closed private generation system may receive services from a qualified electric utility only if: (a) the requirements of Subsection (4) are met; and (b) the system or provider has an agreement with the qualified electric utility as approved by the commission. (6) A qualified electric utility: (a) is not required to purchase or accept any power from a connected generation system; and (b) shall accept power from a connected generation system only as explicitly provided in an agreement that has been approved by the commission.
Utah Code § 54-7-8 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-8
§ 54-7-8. Offices for utility's books and records -- Production for examination.
Status: in_force

(1) Each public utility shall have an office in a county of this state in which its property or some portion thereof is located, and shall keep in said office all such books, accounts, papers and records as shall be required by the commission to be kept within this state. No books, accounts, papers or records required by the commission to be kept within this state shall be at any time removed from the state except upon such conditions as may be prescribed by the commission. (2) The commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production within this state at such time and place as it may designate of any books, accounts, papers or records kept by said public utility in any office or place without this state, or at its option verified copies in lieu thereof, so that an examination thereof may be made by the commission or under its direction.
Utah Code § 54-15-108 — Utah Code / Title 54 / Chapter 54-15 / § 54-15-108
§ 54-15-108. Damages and fines for connecting a customer generation system to more than one customer.
Status: in_force

If an independent energy producer that is supplying energy to a customer described in Subsection 54-2-201(3)(a) violates the limitation described in Subsection 54-2-201(3)(b)(i), the commission may: (1) award damages to an electrical corporation for actual and consequential damages to the electrical corporation; and (2) assess a fine against the independent energy producer or person responsible for the violation.
Utah Code § 54-7-12.8 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-12.8
§ 54-7-12.8. Electric energy efficiency, sustainable transportation and energy, and conservation tariff.
Status: in_force

(1) As used in this section: (a) "Demand side management" means an activity or program that promotes electric energy efficiency or conservation, the use of heat pumps, or more efficient management of electric energy loads. (b) "Pilot program period" means a period of five years, beginning on January 1, 2017, during which the sustainable transportation and energy plan is effective. (c) "Sustainable transportation and energy plan" means the same as that term is defined in Section 54-20-102. (d) "Utah solar incentive program" means the eligible utility rooftop solar pilot program established by commission order in 2012. (2) (a) As provided in this section, the commission may approve a tariff under which an electrical corporation includes a line item charge on the electrical corporation's customers' bills to recover costs incurred by the electrical corporation for demand side management. (b) The commission shall authorize a large-scale electric utility that is allowed to charge a customer for demand side management under Subsection (2)(a) to: (i) if requested by the large-scale electric utility, capitalize the annual costs incurred for demand side management provided in Subsection (2)(a); (ii) amortize the annual cost for demand side management over a period of 10 years; (iii) apply a carrying charge to the unamortized balance that is equal to the large-scale electric utility's pretax weighted average cost of capital approved by the commission in the large-scale electric utility's most recent general rate proceeding; and (iv) recover the amortization cost described in Subsection (2)(b)(ii) and the carrying charge described in Subsection (2)(b)(iii) in customer rates. (3) The commission shall, before January 1, 2017, authorize a large-scale electric utility to implement a combined line item charge on the large-scale electric utility's customers' bills to recover the cost to the large-scale electric utility of: (a) demand side management, including the cost of amortizing a deferred balance; (b) the sustainable transportation and energy plan; and (c) the additional expense described in Subsection (5)(a)(i). (4) On December 31, 2016, the commission shall end the Utah solar incentive program and surcharge tariff and the large-scale electric utility shall stop accepting new applications for solar incentive program incentives. (5) (a) The commission may authorize a large-scale electric utility that capitalizes demand side management costs under Subsection (2)(b) to: (i) recognize the difference between the annual revenues the large-scale electric utility collects for demand side management and the annual amount of the large-scale electric utility's demand side management cost amortization expense as an additional expense; (ii) establish and fund, via the additional expense described in Subsection (5)(a)(i), a regulatory liability; and (iii) use the regulatory liability described in Subsection (5)(a)(ii) to depreciate thermal generation plant. (b) (i) The commission may authorize the large-scale electric utility to use the regulatory liability described in Subsection (5)(a)(ii) to depreciate thermal generation plant for which the commission determines depreciation is in the public interest for compliance with an environmental regulation or another purpose. (ii) The commission may not consider the existence of the regulatory liability described in Subsection (5)(a)(ii) in a determination to accelerate depreciation under Subsection (5)(b)(i). (c) The commission shall allow the large-scale electric utility to apply a carrying charge to the regulatory liability described in Subsection (5)(a)(ii) in an amount equal to the large-scale electric utility's pretax average weighted cost of capital approved by the commission in the large-scale electric utility's most recent general rate proceeding. (d) The commission may allow a large-scale electric utility to use the regulatory liability carrying charge described in Subsection (5)(c) to offset the carrying charge described in Subsection (2)(b)(iii). (e) The large-scale electric utility shall apply the carrying charge described in Subsection (5)(c) to funds that a large-scale electric utility is authorized to use to depreciate thermal generation plant under Subsection (5)(a) until the reduction in the large-scale electric utility's rate base associated with the thermal generation plant depreciation for which the funds are used is reflected in the large-scale electric utility's customers' rates. (f) If the commission determines that funds established in the regulatory liability under Subsection (5)(a) are no longer needed for the purpose of depreciating thermal generation plant, the large-scale electric utility shall use the balance of the funds in the regulatory liability to offset the capitalized demand side management costs described in Subsection (2)(b)(i). (6) (a) During the pilot program period, of the funds a large-scale electric utility collects via the line item charge described in Subsection (3), the commission shall authorize the large-scale electric utility to allocate on an annual basis: (i) $10,000,000 to the sustainable transportation and energy plan; and (ii) the funds not allocated to the sustainable transportation and energy plan to demand side management. (b) The commission shall authorize a large-scale electric utility to spend up to: (i) $2,000,000 annually for the electric vehicle incentive program described in Section 54-20-103; and (ii) an annual average of: (A) $1,000,000 for the clean coal technology program described in Section 54-20-104; and (B) $3,400,000 for the innovative utility programs described in Section 54-20-105. (c) The commission shall authorize a large-scale electric utility to recoup the large-scale electric utility's unrecovered costs paid through the Utah solar incentive program from the funds allocated under Subsection (6)(a)(i). (d) The commission may authorize a large-scale electric utility to allocate funds the large-scale electric utility collects via the line item charge described in Subsection (3) not spent under this Subsection (6) to a conservation, efficiency, or new technology program if the conservation, efficiency, or new technology program is cost-effective and in the public interest. (7) A large-scale electric utility shall establish a balancing account that includes: (a) funds allocated under Subsection (6)(a)(i); (b) the program expenditures described in Subsection (6)(b); (c) the unrecovered Utah solar incentive program costs described in Subsection (6)(c); and (d) a carrying charge in an amount determined by the commission. (8) A customer that is paying a contract rate under an agreement with a large-scale electric utility as of January 1, 2016, is exempt from the costs recovered under Subsection (3), except for costs created by or arising from the Utah solar incentive program included in Subsection 54-7-12.8(3)(b). (9) (a) In any proceeding commenced under Section 54-3-32, the commission may not consider or assess to an eligible customer an expenditure, cost, amortization, charge, or liability of any kind that is created by or arises in whole or in part from: (i) any program created under Title 54, Chapter 20, Sustainable Transportation and Energy Plan Act; or (ii) this section, except for costs created by or arising from the Utah solar incentive program included in Subsection 54-7-12.8(3)(b). (b) Except as provided in Subsection (9)(a) and in Section 54-3-33, this section and Title 54, Chapter 20, Sustainable Transportation and Energy Plan Act, do not: (i) amend or repeal any provision of Section 54-3-32; or (ii) affect any right, defense, or credit available to an eligible customer under Section 54-3-32. (10) Each electrical corporation proposing a tariff under this section shall, before submitting the tariff to the commission for approval, seek input from: (a) the Division of Public Utilities; (b) the Office of Consumer Services; and (c) a person that files a request for notice with the commission. (11) Before approving a tariff under this section, the commission shall hold a hearing if: (a) requested in writing by the electrical corporation, a customer of the electrical corporation, or any other interested party within 15 days after the tariff filing; or (b) the commission determines that a hearing is appropriate. (12) (a) The commission may approve a demand side management tariff under this section either with or without a provision allowing an end-use customer to receive a credit against the charges imposed under the tariff for electric energy efficiency measures that: (i) the customer implements or has implemented at the customer's expense; and (ii) qualify for the credit under criteria established by the commission. (b) For a credit that an end-use customer receives under an approved demand side management tariff pursuant to Subsection (12)(a), the commission shall allow the end-use customer to continue receiving the credit for up to one calendar year if: (i) the end-use customer: (A) is currently participating in the demand side management tariff; and (B) has completed new construction within the previous 12 months; and (ii) the tariff under which the credit was created is modified due to a change in: (A) standards adopted under Title 15A, State Construction and Fire Codes Act; or (B) 10 C.F.R. Chapter 2, Chapter 3, and Chapter 5. (13) In approving a tariff under this section, the commission may impose whatever conditions or limits it considers appropriate, including a maximum annual cost. (14) Unless otherwise ordered by the commission, each tariff under this section approved by the commission shall take effect no sooner than 30 days after the electrical corporation files the tariff with the commission.
Utah Code § 54-26-102 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-102
§ 54-26-102. Application.
Status: in_force

(1) The procedures and standards set forth in this chapter shall govern: (a) large-scale service requests; (b) services sought, provided, or received under either a large-scale service request or a private generation service request; (c) services provided through closed private generation systems under private generation contracts; and (d) the review and approval of large load contracts and private generation contracts. (2) Electric service provided pursuant to a large-scale service request under this chapter is exempt from: (a) rate regulation under Section 54-3-1; (b) the ratemaking provisions of Section 54-3-4; (c) the tariff and schedule filing requirements under Section 54-3-2; and (d) any other provision related to the regulation of rates, charges, or classifications of service.
Utah Code § 54-14-102 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-102
§ 54-14-102. Legislative findings.
Status: in_force

(1) (a) The Legislature finds that the construction of facilities by public utilities under this title is a matter of statewide concern. (b) The construction of these facilities may affect the safety, reliability, adequacy, and efficiency of service to customers in areas within the jurisdiction of more than a single local government. (c) Excess costs imposed by requirements of a local government for the construction of facilities may affect either the rates and charges of the public utility to customers other than customers within the jurisdiction of the local government or the financial viability of the public utility, unless the local government pays for those excess costs. (2) The Legislature finds that it is in the public interest to establish the Utility Facility Review Board to resolve issues regarding the construction and installation of public utility facilities.
Utah Code § 54-4-28 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-28
§ 54-4-28. Merger, consolidation, or combination.
Status: in_force

No public utility shall combine, merge nor consolidate with another public utility engaged in the same general line of business in this state, without the consent and approval of the Public Service Commission, which shall be granted only after investigation and hearing and finding that such proposed merger, consolidation or combination is in the public interest.
Utah Code § 54-17-1301 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1301
§ 54-17-1301. Wildlife consultation required for utility scale renewable energy facilities.
Status: in_force

(1) As used in this section: (a) "Division of Wildlife Resources" means the Division of Wildlife Resources created in Section 23A-2-201. (b) "Solar power plant" means a facility that: (i) has a nameplate generating capacity in excess of 10 megawatts; and (ii) converts sunlight into electricity. (c) "Utility scale renewable energy facility" means a solar power plant or wind power plant. (d) "Wind power plant" means a facility that: (i) has a nameplate generating capacity in excess of 10 megawatts; and (ii) converts wind energy into electricity. (2) As part of an application for a permit to the appropriate local jurisdiction, an owner or operator of a utility scale renewable energy facility shall consult with the Division of Wildlife Resources regarding potential impacts to wildlife and wildlife habitat. (3) The consultation described in Subsection (2) shall include: (a) submission by the owner or operator to the Division of Wildlife Resources of project location, layout, timeline, and any wildlife surveys conducted; (b) a meeting between the owner or operator and Division of Wildlife Resources personnel; and (c) the Division of Wildlife Resources' recommendations for avoiding, minimizing, or mitigating potential impacts to wildlife and wildlife habitat. (4) The Division of Wildlife Resources shall: (a) within 30 days after the day on which the Division of Wildlife Resources receives a complete consultation request, provide the owner or operator with written recommendations; and (b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing consultation procedures and standards. (5) An owner or operator shall include with an application to the appropriate local jurisdiction proof of consultation with the Division of Wildlife Resources and a description of measures the owner or operator will implement to address the Division of Wildlife Resources' recommendations. (6) The appropriate local jurisdiction shall consider the Division of Wildlife Resources' recommendations when evaluating a permit application for a utility scale renewable energy facility. (7) This section does not: (a) grant the Division of Wildlife Resources authority to approve or deny a permit application; (b) require an owner or operator to implement the Division of Wildlife Resources' recommendations; or (c) limit local jurisdiction authority to approve or deny a permit application.
Utah Code § 54-12-1 — Utah Code / Title 54 / Chapter 54-12 / § 54-12-1
§ 54-12-1. Legislative policy.
Status: in_force

(1) The Legislature declares that in order to promote the more rapid development of new sources of electrical energy, to maintain the economic vitality of the state through the continuing production of goods and the employment of its people, and to promote the efficient utilization and distribution of energy, it is desirable and necessary to encourage independent energy producers to competitively develop sources of electric energy not otherwise available to Utah businesses, residences, and industries served by electrical corporations, and to remove unnecessary barriers to energy transactions involving independent energy producers and electrical corporations. (2) It is the policy of this state to encourage the development of independent and qualifying power production and cogeneration facilities, to promote a diverse array of economical and permanently sustainable energy resources in an environmentally acceptable manner, and to conserve our finite and expensive energy resources and provide for their most efficient and economic utilization.
Utah Code § 54-7-21 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-21
§ 54-7-21. Commission charged with enforcing laws -- Attorney general to aid.
Status: in_force

The commission shall see that the provisions of the Constitution and statutes of this state affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the state therefor recovered and collected; and to this end it may sue in the name of the state of Utah. Upon request of the commission, it shall be the duty of the attorney general to aid in any investigation, hearing or trial under the provisions of this title and to institute and prosecute actions or proceedings for the enforcement of the provisions of the Constitution and statutes of this state affecting public utilities and for the punishment of all violations thereof.
Utah Code § 54-5-2 — Utah Code / Title 54 / Chapter 54-5 / § 54-5-2
§ 54-5-2. How gross operating revenue is determined.
Status: in_force

(1) Gross operating revenues of public utilities shall be determined by the executive director of the Department of Commerce from: (a) the annual gross revenue reports filed with the Public Service Commission; and (b) other sources of information as the Public Service Commission may by rule prescribe. (2) If any public utility liable for the payment of the fee assessed under Section 54-5-1.5 fails to file a report showing its gross operating revenue from business derived from its operations within the state for the preceding calendar year on or before April 15th, the executive director of the Department of Commerce shall: (a) compute or make an estimate of the amount of the fee to be paid by the utility from available information, records, and data; and (b) assess the fee against the utility.
Utah Code § 54-26-701 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-701
§ 54-26-701. Large load flexible tariffs.
Status: in_force

(1) The commission shall: (a) investigate a large load flexible tariff for a qualified electric utility; and (b) adopt a large load flexible tariff if the commission determines that the tariff is: (i) just and reasonable; and (ii) in the public interest. (2) In conducting an investigation for a large load flexible tariff, the commission shall consider: (a) the conditions and times for the tariff; (b) the means of determining the rates, terms, and conditions pursuant to which a qualified electric utility may provide electric services to a large load customer; and (c) the conditions under which a qualified electric utility may require a large load customer to reduce or eliminate electric usage under the large flexible load tariff.
Utah Code § 54-26-201 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-201
§ 54-26-201. Large-scale service request requirements.
Status: in_force

(1) Except for large load customers seeking service under a private generation contract, a large load customer seeking service under this chapter shall submit a large-scale service request to the qualified electric utility serving the proposed location. (2) A large-scale service request shall include: (a) the customer's identifying information; (b) the proposed location for electric service; (c) the requested amount of electric demand in megawatts; (d) a proposed service commencement date; (e) load profile information, including: (i) anticipated annual energy usage; (ii) expected hours of operation; (iii) seasonal variations; (iv) peak demand requirements; and (v) any special service requirements; (f) information sufficient to demonstrate the financial capability to complete the large load customer's project that is the subject of the large-scale service request; and (g) confirmation that the customer will not use the electric service for resale. (3) After submitting a large-scale service request and before entering into a large load contract, a customer shall: (a) ensure that all information submitted under this section remains current; and (b) promptly notify the qualified electric utility of any material changes to information submitted under this section. (4) A large load customer satisfies the requirements of Subsection (1) of this section if the large load customer submitted a large-scale service request consistent with the qualified electric utility's then-existing requirements to the qualified electric utility prior to May 7, 2025.
Utah Code § 54-8a-10 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-10
§ 54-8a-10. Installation of nonmetallic facilities.
Status: in_force

Any operator installing a nonmetallic facility, such as a sewer, water, or fiber optic line, shall install the nonmetallic facility so that it can be located with standard underground facility detection devices or in a concrete conduit system.
Utah Code § 54-8a-2 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-2
§ 54-8a-2. Definitions.
Status: in_force

As used in this chapter: (1) "Association" means two or more operators organized to receive notification of excavation activities in the state, as provided by Section 54-8a-9. (2) "Backfill" means soil or material that is approved for the soil or material's intended use and meets a project's plans and specifications. (3) "Business hours" means the hours between 8:00 a.m. and 4:00 p.m. Monday through Friday, excluding holidays. (4) "Board" means the Underground Facilities Damage Dispute Board created in Section 54-8a-13. (5) "Electronic positive response system" means an automated information system, operated by the association, that allows excavators, locators, operators, and others to communicate the status of an excavation notice. (6) "Emergency" means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. (7) "Excavate" or "excavation" means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, explosives, or demolition. (8) "Excavation notice" means a communication that: (a) has a location request assignment; (b) provides notice of a person's intent to excavate in a specified location in the state; and (c) meets the requirements of Section 54-8a-4. (9) "Excavator" means any person that excavates or conducts excavation activities. (10) "48 hours" means a 48-hour period, occurring during business days that includes any day except Saturday, Sunday, or a holiday, that begins at 8:00 a.m. on the first business day after notice has been submitted. (11) "Hand tool" means an implement: (a) powered by hand; or (b) designed to avoid damaging an underground facility, including a vacuum excavation tool and air knife. (12) "Holiday" means all legal holidays as defined in Section 63G-1-301, the Friday after Thanksgiving Day, December 24th, and any other association observed holiday as posted in the association's excavator's guide. (13) "Location" means the site of a proposed area of excavation described: (a) (i) by street address, if available; (ii) by the area at that street address to be excavated; and (iii) as specified in Subsection 54-8a-4(3) or 54-8a-5(2)(b)(ii); or (b) if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods. (14) "Location request assignment" means a number assigned to a proposed excavation by the association upon receiving an excavation notice. (15) "Mark" means to locate and indicate the existence of a line or facility according to the guidelines published by the association in the association's current version of the excavator's guide. (16) "Municipality" means the same as that term is defined in Section 10-1-104. (17) "No response notice" means notice given by an excavator to the association that: (a) describes indications of specific facilities or facility types; (b) indicates that the facilities or facility types were not marked by the operator at the site of the proposed excavation; and (c) is submitted after the excavator previously submitted an excavation notice regarding the site. (18) (a) "Operator" means a person that owns, operates, or maintains an underground facility. (b) "Operator" does not include an owner of real property where underground facilities are: (i) located within: (A) the owner's property; or (B) a public street adjacent to the owner's property, a right-of-way adjacent to the owner's property, or a public utility easement adjacent to the owner's property; (ii) used exclusively to furnish services to the owner's property; and (iii) maintained under the operation and control of that owner. (19) "Person" includes: (a) an individual, government entity, corporation, partnership, association, or company; and (b) the trustee, receiver, assignee, and personal representative of a person listed in Subsection (19)(a). (20) "Sewer lateral cleanout" means a point of access where a sewer lateral can be serviced. (21) "Tolerance zone" means the area surrounding a facility that: (a) for an underground facility that has the diameter of the facility marked, is the distance of one half of the marked diameter plus 24 inches on either side of the designated center; (b) for an underground facility that does not have the diameter of the facility marked, is 24 inches on either side of the outside edge of the mark indicating a facility; or (c) for an above ground facility, is 24 inches in each direction of the outside edge of the physically present facility. (22) "24 hours" means a 24-hour period, excluding hours occurring during a Saturday, Sunday, or a holiday. (23) "Underground facility" means personal property that is buried or placed below ground level for use in the storage or conveyance of any of the following: (a) water; (b) sewage, including sewer laterals; (c) communications, including electronic, photonic, telephonic, or telegraphic communications; (d) television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming; (e) electric power; (f) oil, gas, or other fluid and gaseous substances; (g) steam; (h) slurry; or (i) dangerous materials or products.
Utah Code § 54-21-502 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-502
§ 54-21-502. Right-of-way rates.
Status: in_force

(1) Except as described in Subsection (2), an authority may not require a wireless provider to pay any rate, fee, or compensation to the authority, or to any other person, beyond what is expressly authorized in this chapter, for the right to use or occupy a right-of-way: (a) for the collocation of a small wireless facility on a utility pole in the right-of-way; or (b) for the installation, operation, modification, maintenance, or replacement of a utility pole in the right-of-way. (2) (a) An authority may charge a wireless provider a rate for the right to use or occupy a right-of-way as described in Subsection (1), if, except as provided in Subsection 54-21-601(6), the rate is: (i) fair and reasonable; (ii) competitively neutral; (iii) nondiscriminatory; (iv) directly related to the wireless provider's actual use of the right-of-way; and (v) not more than the greater of: (A) 3.5% of all gross revenue related to the wireless provider's use of the right-of-way for small wireless facilities; or (B) $250 annually for each small wireless facility. (b) A wireless provider subject to a rate under this Subsection (2) shall remit payments to the authority on a monthly basis. (c) A rate charged in accordance with Subsection (2)(a)(v) is presumed to be fair and reasonable. (3) Notwithstanding Subsection (2), an authority may not require a wireless provider to pay an additional rate, fee, or compensation for the right to use or occupy a right-of-way as described in Subsection (1), if the wireless provider is subject to the municipal telecommunications license tax under Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act.
Utah Code § 54-26-504 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-504
§ 54-26-504. Closed private generation systems.
Status: in_force

(1) A large load customer may enter into a private generation contract for all needed electric services from a large-scale generation provider through a closed private generation system under terms and conditions acceptable to the large load customer and the large-scale generation provider. (2) A closed private generation system and a large-scale generation provider that provides service on or through a closed private generation system in accordance with this chapter: (a) are exempt from commission oversight or regulation as a public utility under this title; (b) shall ensure all generation, transmission, and related facilities remain wholly separate from facilities owned or operated by any qualified electric utility, cooperative utility, municipal utility, or other utility except to the extent authorized by this part; and (c) may connect to or receive services from a qualified electric utility only pursuant to a contract approved by the commission and consistent with Section 54-26-505. (3) The provision of service to a large load customer on or through a closed private generation system shall utilize qualified generation resources. (4) The commission may establish rules requiring appropriate notices and warnings regarding separation from the utility system.
Utah Code § 54-8-28 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-28
§ 54-8-28. Additional overhead facilities prohibited -- Exception.
Status: in_force

Once removed, no overhead electric or communication facilities shall be installed within the boundary of a local improvement district for conversion of overhead electric and communication facilities in nominal voltages of less than 35,000 volts.
Utah Code § 54-13-1 — Utah Code / Title 54 / Chapter 54-13 / § 54-13-1
§ 54-13-1. Definitions.
Status: in_force

As used in this chapter, "intrastate pipeline transportation" and "pipeline facilities" have the definitions set forth in the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. Section 60101.
Utah Code § 54-12-3 — Utah Code / Title 54 / Chapter 54-12 / § 54-12-3
§ 54-12-3. Recovery of investment costs.
Status: in_force

The commission may not consider any purchasing utility's purchase of power from a qualifying power producer as a reason for disallowing recovery of the purchasing utility's investment costs for facilities which are in use prior to signing a contract for the purchase of power from a qualifying power producer.
Utah Code § 54-8c-2 — Utah Code / Title 54 / Chapter 54-8c / § 54-8c-2
§ 54-8c-2. Notification to public utility -- Protective measures -- Procedures -- Payment.
Status: in_force

(1) No person or thing may be brought within 10 feet of any high voltage overhead line unless: (a) a responsible party has notified the public utility operating the high voltage overhead line of the intended activity; and (b) a responsible party and the public utility have completed mutually satisfactory precautions for the activity. (2) If the identity of the public utility owning or operating the high voltage overhead line is unknown, the county clerk in the county where the line is located shall provide the name, address, and telephone number of the utility's designated representative. If there is an association as provided in Section 54-8c-6 in the county, the association shall provide this information. The notification required in Subsection (1)(a) shall be given by telephone or in person and shall include the location and duration of the proposed activity. (3) Mutually satisfactory precautions required in Subsection (1)(b) may include: (a) coordination of work, construction, and activity schedules; (b) placement of temporary mechanical barriers to separate and prevent contact between persons or things and the high voltage overhead line; (c) temporary deenergization and grounding or temporary relocation or raising of the high voltage overhead line. (4) If a responsible party is under contract or agreement with a governmental entity, and the governmental entity and the public utility operating the high voltage overhead line have already reached agreement concerning precautions, further agreements for the activity are not required. (5) All responsible parties are obligated to pay to the public utility operating the high voltage overhead line the cost of mutually satisfactory precautions, except if: (a) prior arrangements for payment have been made between a governmental entity for whom the work is to be done and the public utility operating the line; or (b) the public utility operating the line has not installed the line in conformance with the National Electrical Safety Code or its preceding code in effect at the time the line was constructed. (6) (a) Unless other arrangements are necessary, the public utility operating the high voltage overhead line shall commence the precautionary measures: (i) within three business days after the date an agreement for payment, if required, has been reached; or (ii) if no payment is required, within five business days after the date of the request of a responsible party. (b) The public utility shall not be required to provide the precautionary measures until an agreement for payment, if required, has been reached. Once started, the precautionary measures shall continue without unreasonable interruption until completed.
Utah Code § 54-4-26 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-26
§ 54-4-26. Contracts calling for expenditures -- Commission to approve.
Status: in_force

Every public utility when ordered by the commission shall, before entering into any contract for construction work or for the purchase of new facilities or with respect to any other expenditures, submit such proposed contract, purchase or other expenditure to the commission for its approval; and, if the commission finds that any such proposed contract, purchase or other expenditure diverts, directly or indirectly, the funds of such public utility to any of its officers or stockholders or to any corporation in which they are interested, or is not proposed in good faith for the economic benefit of such public utility, the commission shall withhold its approval of such contract, purchase or other expenditure, and may order other contracts, purchases or expenditures in lieu thereof for the legitimate purposes and economic welfare of such public utility.
Utah Code § 54-1-4 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-4
§ 54-1-4. Official seal.
Status: in_force

The commission shall adopt and use an official seal with the words "Public Service Commission of Utah" and such other designations as the commission may prescribe engraved thereon; by which seal it shall authenticate its acts, orders, and proceedings; and of which seal the courts of this state shall take judicial notice. An impression of such seal shall be filed with the Division of Archives.
Utah Code § 54-8-30 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-30
§ 54-8-30. Commencement of conversion -- When required.
Status: in_force

If an improvement district is established pursuant to this chapter, the public utility corporations involved shall not be required to commence conversion until the ordinance, the assessment roll and issuance of bonds have become final and no civil action has been filed or if civil action has been filed, until the decision of the court upon the action has become final and is not subject to further appeal.
Utah Code § 54-14-203 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-203
§ 54-14-203. Actual excess cost.
Status: in_force

(1) If a local government issues a permit, authorization, approval, exception, or waiver based upon its agreement to pay for the actual excess cost of a facility, the local government shall within 30 days either accept the estimate of excess cost as the actual excess cost of a facility or request the public utility to obtain competitive bids for the facility if constructed in accordance with the requirements and conditions of the local government. (2) If the local government requests the public utility to obtain competitive bids, the public utility shall obtain competitive bids, and the actual excess cost of the facility shall be the difference between the lowest bid acceptable to the public utility plus the public utility's contract administration and oversight expense and the standard cost of the facility. (3) Any dispute regarding specifications, lowest acceptable bid, or administration and oversight expense shall be resolved by the board on an expedited basis.
Utah Code § 54-8b-8 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-8
§ 54-8b-8. Antitrust and restraint of trade laws not affected by chapter.
Status: in_force

Nothing in this chapter shall in any way preempt, modify, exempt, abrogate, or otherwise affect any right, cause of action, liability, duty, or obligation arising from any federal, state, or local law governing unfair business practices or antitrust, restraint of trade, or other anti-competitive activity.
Utah Code § 54-8a-9.5 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-9.5
§ 54-8a-9.5. Inspection of records.
Status: in_force

The books and records of an association shall be open to inspection by its members during normal business hours upon 48 hours advance notice.
Utah Code § 54-17-203 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-203
§ 54-17-203. Independent evaluator.
Status: in_force

(1) (a) The commission shall: (i) appoint an independent evaluator to monitor any solicitation conducted by an affected electrical utility under this chapter; and (ii) oversee or direct the division to oversee the independent evaluator in monitoring any solicitation conducted by an affected electrical utility under this chapter. (b) The commission, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall make rules setting the qualifications of an independent evaluator. (2) The commission shall determine the method used to pay the fees and expenses for the independent evaluator which may include: (a) the payment of a bid fee by bidders to a solicitation; or (b) (i) requiring the affected electrical utility to pay the fees and expenses; and (ii) permitting an affected electrical utility to recover the amounts paid under this Subsection (2)(b). (3) (a) The independent evaluator may not make the decision as to which bid should be awarded under the solicitation. (b) The independent evaluator shall: (i) actively monitor the solicitation process for fairness and compliance with commission rules; (ii) report regularly to: (A) the commission; and (B) others as directed by the commission; (iii) develop one or more reports addressing: (A) the solicitation process; (B) any concerns of the independent evaluator related to the solicitation process; and (C) the ultimate results of the solicitation process, including the opinions and conclusions of the independent evaluator; (iv) provide ongoing input regarding issues, concerns, and improvements in the solicitation process with the objective of correcting ongoing deficiencies in the solicitation process to the following: (A) the commission; (B) the affected electrical utility; and (C) others as directed by the commission; (v) render an opinion as to whether: (A) the solicitation process is: (I) fair; and (II) in compliance with this part; and (B) any modeling used by the affected electrical utility to evaluate bids is sufficient; (vi) testify in any proceeding under Section 54-17-302; and (vii) perform other functions and provide other input and reports as the commission may direct, including periodic presentations to interested parties regarding the solicitation process.
Utah Code § 54-1-1.6 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-1.6
§ 54-1-1.6. Pro tempore commissioner -- Appointment -- Qualifications.
Status: in_force

(1) If a commissioner has a temporary disability or is disqualified as a result of a conflict of interest from sitting as a commissioner, the governor may appoint a commissioner pro tempore for a period not to exceed 60 days. (2) Any person appointed as a commissioner pro tempore shall possess the qualifications required for public service commissioners in Section 54-1-1.5 and have previous utility regulatory experience or other comparable professional experience. (3) The governor may appoint a retired or resigned public service commissioner as a commissioner pro tempore in order to render findings, orders, or decisions on matters which the retired or resigned commissioner had fully heard before the commissioner's retirement or resignation.
Utah Code § 54-24-103 — Utah Code / Title 54 / Chapter 54-24 / § 54-24-103
§ 54-24-103. Commission rulemaking authority.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules to implement this chapter, including: (1) rules establishing procedures for the review and approval of a wildland fire protection plan; (2) rules establishing the procedures for the review and approval of annual expenditures for the implementation of a wildland fire protection plan; and (3) any other rules that the commission determines are necessary to protect the public interest and implement this chapter.
Utah Code § 54-1-7.5 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-7.5
§ 54-1-7.5. Adoption of internal organization measures.
Status: in_force

The commission shall have authority to adopt internal organizational measures to effectuate efficiency and economy in the management and operations of the commission.
Utah Code § 54-8b-7 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-7
§ 54-8b-7. Continuous jurisdiction of commission -- Orders.
Status: in_force

The commission shall retain continuous jurisdiction over every telecommunications corporation or public telecommunications service exempted under this chapter and may exercise any statutory grant of power pertaining thereto, including the power to revoke or modify any order approving an exemption from regulation. The commission may, after notice and hearing, revoke or modify an order approving exemption, if after considering the factors in Subsection 54-8b-3(5), the commission finds such modification or revocation to be in the public interest.
Utah Code § 54-1-11 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-11
§ 54-1-11. Prohibited interests, relationships and actions by commissioners and employees.
Status: in_force

(1) No person employed as a commissioner or as personnel of the commission shall, while so employed: (a) Have any pecuniary interest, whether as the holder of stock or other securities, or otherwise have any conflict of interest with any public utility or other entity subject to the jurisdiction of the commission; (b) Have any office, position or relationship, or be engaged in any business or avocation which interferes or is incompatible with the effective and objective fulfillment of the duties of office or employment with the commission; (c) Accept any gift, gratuity, emolument or employment from any public utility or other entity subject to the jurisdiction of the commission or from any other officer, agent, or employee thereof; or (d) Solicit, suggest, request, or recommend, directly or indirectly, the appointment of any person or entity to any office or employment with any public utility or other entity subject to the jurisdiction of the Public Service Commission. (2) No officer, agent, attorney, or employee of any public utility shall directly or indirectly solicit, request, or recommend to the governor, any state senator, the commission, or the Division of Public Utilities the appointment of any person as a commissioner or as executive director of the commission, or the appointment of any person to any commission staff position.
Utah Code § 54-8c-6 — Utah Code / Title 54 / Chapter 54-8c / § 54-8c-6
§ 54-8c-6. Association for mutual receipt of notification of activities close to high voltage overhead lines.
Status: in_force

(1) Public utilities may form and operate an association providing for mutual receipt of notification of activities close to high voltage overhead lines in a specified area. (2) In areas where an association is formed: (a) notification to the association is effected as set forth in Section 54-8c-2; and (b) public utilities with high voltage overhead lines in the area: (i) may become members of the association; (ii) may participate in and receive the services furnished by the association; and (iii) shall pay their proportionate share of the cost for the services furnished. (3) The association whose members or participants have high voltage overhead lines within a county shall file a list containing the name, address, and telephone number of every member and participating public utility with the county clerk. (4) If notification is made by telephone, an adequate record shall be maintained by the association to document compliance with the requirements of this chapter.
Utah Code § 54-17-305 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-305
§ 54-17-305. Demand management programs.
Status: in_force

(1) An affected electrical utility may not: (a) implement a demand management program unless: (i) the consumer voluntarily participates; and (ii) the consumer provides written or electronic consent; or (b) count anticipated demand reductions from any demand management program as equivalent to generation capacity in an integrated resource plan. (2) Notwithstanding Subsection (1), an integrated resource plan may account for load decrease from a demand management program if: (a) the affected electrical utility demonstrates the load decrease is: (i) within the utility's sole control; or (ii) otherwise reliable; and (b) the load decrease will not result in a supply shortage during the period for which the decrease is anticipated. (3) This section does not prohibit an affected electrical utility from: (a) offering voluntary conservation programs that provide customers direct financial benefits; or (b) implementing emergency procedures necessary to maintain system reliability.
Utah Code § 54-17-501 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-501
§ 54-17-501. Waiver of requirement for solicitation or approval.
Status: in_force

(1) An affected electrical utility may obtain a waiver of the requirement that it conduct a solicitation process under Part 2, Solicitation Process, or the requirement that it obtain approval of a significant energy resource decision under Part 3, Resource Plans and Significant Energy Resource Approval, if the commission determines that waiving the requirement is in the public interest because there exists: (a) a clear emergency; (b) a time-limited commercial or technical opportunity that provides value to the customers of the affected electrical utility; or (c) any other factor that makes waiving the requirement in the public interest. (2) To obtain a finding from the commission under Subsection (1), the affected electrical utility shall, as soon as practicable after learning of the existence of a circumstance specified in Subsection (1): (a) file a verified application with the commission; and (b) serve an electronic and paper copy of the verified application, including all associated exhibits and attachments, on each person reflected on a list to be maintained and published by the commission on its Internet website that has requested service of waiver requests and has signed a generic protective order issued by the commission limiting the use of information contained in or attached to a waiver request. (3) A verified application filed pursuant to Subsection (2) shall: (a) identify any waiver requested; (b) explain the basis for each waiver requested; (c) specify any time sensitivity associated with the verified application; (d) explain why the waiver requested is in the public interest; and (e) contain other information required by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (4) Upon receipt of a verified application filed under Subsection (2), the commission shall, before the end of the next business day, provide public notice of a technical conference to be held no sooner than three business days and no later than seven calendar days following the day on which the verified application is filed and served. (5) (a) At the technical conference held under Subsection (4), the affected electrical utility shall provide adequate support for its verified application and shall respond to questions of the commission, an independent evaluator if one is participating, and any other interested person. (b) The commission shall prepare and retain a transcript of the technical conference. (6) No less than three business days and no more than seven calendar days following the technical conference, the independent evaluator and any interested person may file and serve comments concerning the verified application. (7) The commission shall issue a written decision either granting, granting with conditions, or denying each waiver requested no later than seven calendar days following the deadline for the independent evaluator and any interested person to file comments under Subsection (6). (8) (a) If confidential or trade secret information is provided or used in the verified application, in the technical conference, in comments filed on the verified application or otherwise in the process, that information shall be clearly identified by the providing person as confidential and shall be provided on a confidential basis subject to the terms of a protective order issued by the commission. (b) (i) The commission shall issue a generic protective order to govern access to and use of confidential information in connection with a request for waiver under this part. (ii) Upon request by the affected electrical utility or any interested person, the commission may issue a supplemental protective order in connection with any verified application. (c) (i) The generic protective order and any supplemental protective order restrict use of confidential information to the proceeding on the verified application, however, use of the confidential information in the proceeding is not considered a competitive purpose under Subsection (8)(c)(ii). (ii) The generic protective order and any supplemental protective order shall forbid the use of confidential information for competitive purposes. (d) An interested person may gain access to and use confidential information in accordance with the terms of a protective order issued by the commission. (9) Notwithstanding the time frames in Subsections (4), (6), and (7), the commission: (a) shall take action or schedule proceedings as soon as reasonably practicable in light of the circumstances and urgency demonstrated by the verified application and any subsequent information provided during the process; and (b) may shorten or lengthen the time frames if the commission determines that changing them is warranted and in the public interest, except that a time frame may not be lengthened solely because an independent evaluator is not available to participate or to complete a recommendation. (10) If an affected electrical utility is granted a waiver to acquire or construct a significant energy resource in accordance with this section: (a) the provisions of Sections 54-17-303 and 54-17-304 do not apply to the significant energy resource decision; (b) any cost recovery that an affected electrical utility seeks in connection with that significant energy resource is subject to a future prudence review by the commission under Subsection 54-4-4(4); and (c) the waiver grant does not create any presumption that the affected electrical utility's action in acquiring or constructing a significant energy resource was prudent. (11) (a) Subject to Subsection (11)(b), the commission shall use reasonable efforts to have an independent evaluator available to participate in any application for a waiver under this part. (b) The commission may decline to use an independent evaluator in the consideration of a waiver application if the commission determines the use of an independent evaluator is: (i) not appropriate under the circumstances; (ii) not available under terms or conditions the commission considers reasonable; or (iii) not available to participate or complete a recommendation within any time frame established under Subsection (4), (6), (7), or (9). (c) The validity of an order entered under this part is not affected by: (i) the unavailability of an independent evaluator; or (ii) the failure of an independent evaluator to participate or complete a recommendation within any time frame established under Subsection (4), (6), (7), or (9). (12) The commission shall issue a generic protective order as provided in Subsections (2)(b) and (8)(b). (13) By September 1, 2007, the commission shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules concerning the process for obtaining a waiver of the solicitation or approval process consistent with this section.
Utah Code § 54-7-7 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-7
§ 54-7-7. Books and records of utilities subject to inspection.
Status: in_force

The commission, each commissioner and each officer and person employed by the commission shall have the right at any and all times to inspect the accounts, books, papers and documents of any public utility, and the commission, each commissioner and any officer of the commission or any employee authorized to administer oaths shall have power to examine under oath any officer, agent or employee of any public utility in relation to the business and affairs of said public utility; provided, that any person other than a commissioner or an officer of the commission demanding such inspection shall produce under the hand and seal of the commission that person's authority to make such inspection; and provided further, that written record of the testimony or statement so given under oath shall be made and filed with the commission.
Utah Code § 54-8c-1 — Utah Code / Title 54 / Chapter 54-8c / § 54-8c-1
§ 54-8c-1. Definitions.
Status: in_force

As used in this chapter: (1) "Authorized person" means an employee or agent: (a) of a public utility that: (i) generates, transmits, or delivers electricity; or (ii) provides and whose work relates to communication services; (b) of an industrial plant whose work relates to the electrical system of the industrial plant; (c) of a cable television or communication services company, or of a contractor of cable television or communication services company, if specifically and expressly authorized by the owner of the poles to make cable television or communication services attachments; or (d) of a state, county, or municipal agency which has or whose work relates to: (i) overhead electrical lines; (ii) overhead lighting systems; (iii) authorized overhead circuit construction; (iv) conductors on poles; or (v) structures of any type. (2) "Business day" means any day other than Saturday, Sunday, or a legal holiday. (3) "High voltage" means voltage in excess of 600 volts measured between: (a) conductors; or (b) a conductor and the ground. (4) "Overhead line" means all bare or insulated electrical conductors installed above the ground. (5) "Public utility" means any entity that generates, transmits, or distributes electrical energy, including any: (a) public utility as defined in Title 54, Chapter 2, General Provisions; (b) municipality as defined in Title 10, Utah Municipal Code; (c) agricultural cooperative association as defined in Title 3, Uniform Agricultural Cooperative Association Act; (d) improvement district as defined in Section 17B-1-102; or (e) entity created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act. (6) "Responsible party" means any person who contracts to perform, is responsible for the performance of, or has control over, any function or activity at any location.
Utah Code § 54-26-801 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-801
§ 54-26-801. Program duration.
Status: in_force

The provisions of this chapter apply only to: (1) large load customers, large-scale generation providers or qualified electric utilities which enter into a large load service contract which provides for service to commence on or before December 31, 2034; and (2) large load customers and large-scale generation providers which enter into a private generation contract which provides for service to commence on or before December 31, 2034.
Utah Code § 54-3-26 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-26
§ 54-3-26. Retention of unclaimed capital credits by electric and telephone cooperatives -- Use of retained money -- Reporting requirements.
Status: in_force

(1) As used in this section: (a) "Cooperative" means a: (i) distribution electrical cooperative, as defined in Section 54-2-1, that is incorporated in the state; or (ii) telephone cooperative, as defined in Section 54-2-1, that is incorporated in the state. (b) "Unclaimed capital credit" means a capital credit issued by a cooperative to the cooperative's customer that is unclaimed on the last day of the year three years after the year in which the credit was issued. (2) A cooperative shall retain an unclaimed capital credit. (3) A cooperative shall use the proceeds of a retained unclaimed capital credit to: (a) pay all or a portion of a low-income individual's utility bills; (b) provide scholarships to graduating high school seniors in the area where the cooperative provides service; or (c) provide financial assistance to, in the area where the cooperative provides service: (i) a school; (ii) a non-profit organization; or (iii) a community organization. (4) A cooperative shall establish criteria for recipients of the financial assistance described in this section that are based on: (a) a recipient's financial or other needs; and (b) the recipient community's interests. (5) A cooperative shall submit a report, before November 1 of each year, to the Public Service Commission that describes: (a) the amount of unclaimed capital credits retained by the cooperative; (b) the amount and recipients of financial assistance disbursed under this section; and (c) the criteria used by the cooperative to determine the recipients and amount of financial assistance disbursed under this section.
Utah Code § 54-8c-4 — Utah Code / Title 54 / Chapter 54-8c / § 54-8c-4
§ 54-8c-4. Violation.
Status: in_force

(1) Any responsible party who causes, permits, or allows a function or an activity in violation of any provision of this chapter is subject to a civil penalty in an amount not to exceed $1,000, to be imposed by any court of competent jurisdiction against this party and in favor of the state. If imposed, the fine shall be paid into the General Fund. (2) Actions to recover the civil penalty under this section shall be brought by a public utility or the county attorney of the county in which the violation occurs. (3) A responsible party is liable to the public utility operating the high voltage overhead line for all damages to the facilities and for all liability incurred by the public utility as a result of any contact if: (a) the responsible party causes, permits, or allows a function or an activity in violation of any provision of this chapter; and (b) as a result, a physical or electrical contact with a high voltage overhead line occurs.
Utah Code § 54-17-202 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-202
§ 54-17-202. Requirements for solicitation.
Status: in_force

(1) The commission shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, outlining the requirements for a solicitation process. The rules required by this Subsection (1) shall include: (a) the type of screening criteria an affected electrical utility may use in a solicitation process including the risks an affected electrical utility may consider; (b) the required disclosures by an affected electrical utility if a solicitation includes a benchmark option; (c) the required disclosures by an affected electrical utility related to the methodology the affected electrical utility uses to evaluate bids; and (d) the participation of an independent evaluator in a manner consistent with Section 54-17-203. (2) If an affected electrical utility is subject to regulation in more than one state regarding the acquisition, construction, or cost recovery of a significant energy resource, in making the rules required by Subsection (1), the commission may consider the impact of the multistate regulation including requirements imposed by other states as to: (a) the solicitation process; (b) cost recovery of resources; and (c) methods by which the affected electrical utility may be able to mitigate the potential for cost disallowances.