Utah Code § 54-14-204 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-204
§ 54-14-204. Requirements or conditions on facility considered waived if local government does not pay for actual excess cost 30 days before construction.
Status: in_force

Any requirement or condition in any permit, authorization, approval, exception, or waiver of a local government for a facility that imposes an actual excess cost shall be considered waived if the local government does not pay the public utility for the actual excess cost, except any actual excess costs specified in Subsection 54-14-201(2)(a) or (2)(b), within 30 days before the date construction of the facility should commence in order to avoid a significant risk of impairment of safe, reliable, and adequate service to customers of the public utility.
Utah Code § 54-17-602 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-602
§ 54-17-602. Target amount of qualifying electricity -- Renewable energy certificate -- Cost-effectiveness -- Cooperatives.
Status: in_force

(1) (a) To the extent that it is cost effective to do so, beginning in 2025 the annual retail electric sales in this state of each electrical corporation shall consist of qualifying electricity or renewable energy certificates in an amount equal to at least 20% of adjusted retail electric sales. (b) The amount under Subsection (1)(a) is computed based upon adjusted retail electric sales for the calendar year commencing 36 months before the first day of the year for which the target calculated under Subsection (1)(a) applies. (c) Notwithstanding Subsections (1)(a) and (b), an increase in the annual target from one year to the next may not exceed the greater of: (i) 17,500 megawatt-hours; or (ii) 20% of the prior year's amount under Subsections (1)(a) and (b). (2) (a) Cost-effectiveness under Subsection (1) for other than a cooperative association is determined in comparison to other viable resource options using the criteria provided by Subsection 54-17-201(2)(c)(ii). (b) For an electrical corporation that is a cooperative association, cost-effectiveness is determined using criteria applicable to the cooperative association's acquisition of a significant energy resource established by the cooperative association's board of directors. (3) This section does not require an electrical corporation to: (a) substitute qualifying electricity for electricity from a generation source owned or contractually committed, or from a contractual commitment for a power purchase; (b) enter into any additional electric sales commitment or any other arrangement for the sale or other disposition of electricity that is not already, or would not be, entered into by the electrical corporation; or (c) acquire qualifying electricity in excess of its adjusted retail electric sales. (4) For the purpose of Subsection (1), an electrical corporation may combine the following: (a) qualifying electricity from a renewable energy source owned by the electrical corporation; (b) qualifying electricity acquired by the electrical corporation through trade, power purchase, or other transfer; and (c) a bundled or unbundled renewable energy certificate, including a banked renewable energy certificate. (5) For an electrical corporation whose rates the commission regulates, the following rules concerning renewable energy certificates apply: (a) a banked renewable energy certificate with an older issuance date shall be used before any other banked renewable energy certificate issued at a later date is used; and (b) the total of all unbundled renewable energy certificates, including unbundled banked renewable energy certificates, may not exceed 20% of the amount of the annual target provided for in Subsection (1). (6) An electrical corporation that is a cooperative association may count towards Subsection (1) any of the following: (a) electric production allocated to this state from hydroelectric facilities becoming operational after December 31, 2007, if the facilities are located in any state in which the cooperative association, or a generation and transmission cooperative with which the cooperative association has a contract, provides electric service; (b) qualifying electricity generated or acquired or renewable energy certificates acquired for a program that permits a retail customer to voluntarily contribute to a clean energy source; and (c) notwithstanding Subsection 54-17-601(7), an unbundled renewable energy certificate purchased from a renewable energy source located outside the geographic boundary of the Western Electricity Coordinating Council if the electricity on which the unbundled renewable energy certificate is based would be considered qualifying electricity if the renewable energy source was located within the geographic boundary of the Western Electricity Coordinating Council. (7) The use of the renewable attributes associated with qualifying electricity to satisfy any federal renewable energy requirement does not preclude the electricity from being qualifying electricity for the purpose of this chapter.
Utah Code § 54-21-101 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-101
§ 54-21-101. Definitions.
Status: in_force

As used in this chapter: (1) "Antenna" means communications equipment that transmits or receives an electromagnetic radio frequency signal used in the provision of a wireless service. (2) "Applicable codes" means the International Building Code, the International Fire Code, the National Electrical Code, the International Plumbing Code, and the International Mechanical Code, as adopted and amended under Title 15A, State Construction and Fire Codes Act. (3) "Applicable standards" means the structural standards for antenna supporting structures and antenna, known as ANSI/TIA-222, from the American National Standards Institute and the Telecommunications Industry Association. (4) "Applicant" means a wireless provider who submits an application. (5) "Application" means a request submitted by a wireless provider to an authority for a permit to: (a) collocate a small wireless facility in a right-of-way; or (b) install, modify, or replace a utility pole or a wireless support structure. (6) (a) "Authority" means: (i) the state; (ii) a state agency; (iii) a county; (iv) a municipality; (v) a town; (vi) a metrotownship; (vii) a subdivision of an entity described in Subsections (6)(a)(i) through (vi); or (viii) a special district or entity established to provide a single public service within a specific geographic area, including: (A) a public utility district; or (B) an irrigation district. (b) "Authority" does not include a state court having jurisdiction over an authority. (7) "Authority pole" means a utility pole owned, managed, or operated by, or on behalf of, an authority. (8) "Authority wireless support structure" means a wireless support structure owned, managed, or operated by, or on behalf of, an authority. (9) "Category one authority" means a single authority with a population of 65,000 or greater. (10) "Category two authority" means a single authority with a population of less than 65,000. (11) "Collocate" means to install, mount, maintain, modify, operate, or replace a small wireless facility: (a) on a wireless support structure or utility pole; or (b) for ground-mounted equipment, adjacent to a wireless support structure or utility pole. (12) "Communications service" means: (a) a cable service, as defined in 47 U.S.C. Sec. 522(6); (b) a telecommunications service, as defined in 47 U.S.C. Sec. 153(53); (c) an information service, as defined in 47 U.S.C. Sec. 153(24); or (d) a wireless service. (13) "Communications service provider" means: (a) a cable operator, as defined in 47 U.S.C. Sec. 522(5); (b) a provider of information service, as information service is defined in 47 U.S.C. Sec. 153(24); (c) a telecommunications carrier, as defined in 47 U.S.C. Sec. 153(51); or (d) a wireless provider. (14) "Decorative pole" means an authority pole: (a) that is specially designed and placed for an aesthetic purpose; and (b) (i) on which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than: (A) a small wireless facility; (B) a specialty designed informational or directional sign; or (C) a temporary holiday or special event attachment; or (ii) on which no appurtenance or attachment has been placed, other than: (A) a small wireless facility; (B) a specialty designed informational or directional sign; or (C) a temporary holiday or special event attachment. (15) "Design district" means an area: (a) that is zoned or otherwise designated by municipal ordinance or code; and (b) for which the authority maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. (16) "FCC" means the Federal Communications Commission of the United States. (17) "Fee" means a one-time, nonrecurring charge. (18) "Gross revenue" means the same as gross receipts from telecommunications service is defined in Section 10-1-402. (19) "Historic district" means a group of buildings, properties, or sites that are: (a) in accordance with 47 C.F.R. Part 1, Appendix C: (i) listed in the National Register of Historic Places; or (ii) formally determined eligible for listing in the National Register of Historic Places by the Keeper of the National Register; or (b) in an historic district or area created under Section 10-20-601. (20) "Nondiscriminatory" means treating similarly situated entities the same absent a reasonable, and competitively neutral basis, for different treatment. (21) "Micro wireless facility" means a type of small wireless facility: (a) that, not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height; (b) on which any exterior antenna is no longer than 11 inches; and (c) that only provides Wi-Fi service. (22) "Permit" means a written authorization an authority requires for a wireless provider to perform an action or initiate, continue, or complete a project. (23) "Rate" means a recurring charge. (24) (a) "Right-of-way" means the area on, below, or above a public: (i) roadway; (ii) highway; (iii) street; (iv) sidewalk; (v) alley; or (vi) property similar to property listed in Subsections (24)(a)(i) through (v). (b) "Right-of-way" does not include: (i) the area on, below, or above a federal interstate highway; or (ii) a fixed guideway, as defined in Section 59-12-102. (25) "Small wireless facility" means a type of wireless facility: (a) on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and (b) for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any: (i) electric meter; (ii) concealment element; (iii) telecommunications demarcation box; (iv) grounding equipment; (v) power transfer switch; (vi) cut-off switch; (vii) vertical cable run for the connection of power or other service; (viii) wireless provider antenna; or (ix) coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. (26) "Substantial modification" means: (a) a proposed modification or replacement to an existing wireless support structure that will substantially change the physical dimensions of the wireless support structure under the substantial change standard established in 47 C.F.R. Sec. 1.40001(7); or (b) a proposed modification in excess of the site dimensions specified in 47 C.F.R. Part 1, Appendix C, Sec. III.B. (27) "Technically feasible" means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or the small wireless facility's design or site location, can be implemented without a significant reduction or impairment to the functionality of the small wireless facility. (28) (a) "Utility pole" means a pole or similar structure that: (i) is in a right-of-way; and (ii) is or may be used, in whole or in part, for: (A) wireline communications; (B) electric distribution; (C) lighting; (D) traffic control; (E) signage; (F) a similar function to a function described in Subsections (28)(a)(ii)(A) through (E); or (G) the collocation of a small wireless facility. (b) "Utility pole" does not include: (i) a wireless support structure; (ii) a structure that supports electric transmission lines; or (iii) a municipally owned structure that supports electric lines used for the provision of municipal electric service. (29) (a) "Wireless facility" means equipment at a fixed location that enables wireless communication between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) regardless of the technological configuration, a radio transceiver, an antenna, a coaxial or fiber-optic cable, a regular or backup power supply, or comparable equipment. (b) "Wireless facility" does not include: (i) the structure or an improvement on, under, or within which the equipment is collocated; or (ii) a coaxial or fiber-optic cable that is: (A) between wireless structures or utility poles; (B) not immediately adjacent to or directly associated with a particular antenna; or (C) a wireline backhaul facility. (30) (a) "Wireless infrastructure provider" means a person that builds or installs wireless communication transmission equipment, a wireless facility, or a wireless support structure. (b) "Wireless infrastructure provider" includes a person authorized to provide a telecommunications service in the state. (c) "Wireless infrastructure provider" does not include a wireless service provider. (31) "Wireless provider" means a wireless infrastructure provider or a wireless service provider. (32) (a) "Wireless service" means any service using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public using a wireless facility. (b) "Wireless service" includes the use of Wi-Fi. (33) "Wireless service provider" means a person who provides a wireless service. (34) (a) "Wireless support structure" means an existing or proposed structure that is: (i) in a right-of-way; and (ii) designed to support or capable of supporting a wireless facility, including a: (A) monopole; (B) tower, either guyed or self-supporting; (C) billboard; or (D) building. (b) "Wireless support structure" does not include a: (i) structure designed solely for the collocation of a small wireless facility; (ii) utility pole; (iii) municipally owned structure that supports electric lines used for the provision of municipal electric service; or (iv) structure owned by an energy services interlocal entity, as described in Subsection 11-13-203(4), that uses electric lines that are used for the provision of electrical service. (35) "Wireline backhaul facility" means a facility used to transport communications by wire from a wireless facility to a communications network. (36) (a) "Written" or "in writing" means a tangible or electronic record of a communication or representation. (b) "Written" or "in writing" includes a communication or representation that is handwritten, typewritten, printed, photostated, photographed, or electronic.
Utah Code § 54-7-9 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-9
§ 54-7-9. Complaints against utilities -- Scope.
Status: in_force

(1) When any public utility violates any provision of law or any order or rule of the commission: (a) the commission may file a notice of agency action; or (b) any person, corporation, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural, or manufacturing organization or association, or any body politic or municipal corporation may file a request for agency action. (2) The notice or request shall specify the act committed or omitted by the public utility that is claimed to be in violation of the law or a rule or order of the commission. (3) No request for agency action shall be entertained by the commission concerning the reasonableness of any rates or charges of any gas, electrical, water, sewerage, or telephone corporation, unless the request is signed by: (a) the mayor, the president or chairman of the board of trustees, or the commissioners, or a majority of the council, commission, or other legislative body of the city, county, or town within which the alleged violation occurred; or (b) by not less than 25 consumers or purchasers, or prospective consumers or purchasers, of the gas, electricity, water, sewerage, or telephone service. (4) The commission need not dismiss any complaint because of the absence of direct damage to the complainant.
Utah Code § 54-4-42 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-42
§ 54-4-42. Utility Bill Assistance Program.
Status: in_force

(1) As used in this section: (a) "Division" means the Division of Public Utilities established in Section 54-4a-1. (b) "Eligible customer" means the same as that term is defined in Section 54-7-13.6. (c) "Existing credit" refers to bill payment assistance provided under Section 54-7-13.6. (d) "Large-scale utility" means a large-scale electric utility or a large-scale natural gas utility. (e) "Program" means the Utility Bill Assistance Program created in this section. (2) (a) There is created in the Department of Commerce the Utility Bill Assistance Program that shall be administered by the division. (b) The purpose of the program is to provide credits to eligible customers to use against utility service balances. (3) A large-scale utility may request approval for a tariff that authorizes the large-scale utility to provide credits to eligible customers from funds available to the program. (4) The commission shall approve a large-scale utility's tariff request described in Subsection (3) if: (a) the commission finds the tariff to be in the public interest; and (b) the tariff does not result in increased costs to the large-scale utility's customers. (5) The division shall allocate available funds in accordance with a commission-approved tariff of a large-scale utility. (6) A large-scale utility that receives an allocation under Subsection (5) shall provide credits from funds received under this program to eligible customers to use against utility service balances. (7) (a) A credit provided under the program shall be in addition to any existing credit the eligible customer receives. (b) If a large-scale utility provides an existing credit on a monthly basis, the large-scale utility shall only provide a credit under this section if the eligible customer has a utility service balance after application of an existing credit. (8) A large-scale utility with an approved tariff under Subsection (4) shall report to the commission semi-annually concerning: (a) amounts expended since the program's inception or the previous report; (b) amounts remaining to fund credits; and (c) verification of customer eligibility. (9) The division shall report to the Public Utilities, Energy, and Technology Interim Committee concerning the status of the program before November 30 of each year for which credits are provided. (10) The commission and the division may review records in the possession of a large-scale utility concerning the credits provided in accordance with this section. (11) The division may administer the program as long as funds appropriated for the program remain.
Utah Code § 54-26-601 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-601
§ 54-26-601. Large load customer requirements -- Cost allocation.
Status: in_force

A large load customer shall pay all just and reasonable large load incremental costs necessary to receive electric service, including the costs of: (1) generation resources; (2) distribution system upgrades; (3) to the extent permitted by federal law, and, as applicable, approved by the Federal Energy Regulatory Commission: (a) transmission system improvements, including network upgrades; and (b) interconnection facilities; (4) transmission service; and (5) other necessary infrastructure.
Utah Code § 54-3-8 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-8
§ 54-3-8. Preferences forbidden -- Power of commission to determine facts -- Applicability of section.
Status: in_force

(1) Except as provided in Chapter 8b, Public Telecommunications Law, a public utility may not: (a) as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any person, or subject any person to any prejudice or disadvantage; and (b) establish or maintain any unreasonable difference as to rates, charges, service or facilities, or in any other respect, either as between localities or as between classes of service. (2) The commission shall have power to determine any question of fact arising under this section. (3) This section does not apply to, and the commission may not enforce this chapter concerning, a schedule, classification, rate, price, charge, fare, toll, rental, rule, service, facility, or contract of an entity described in Subsection 54-2-1(9)(b)(iii) or (iv), (21), or (23)(h), or if the electricity is consumed by an eligible customer for the eligible customer's own use or the use of the eligible customer's tenant or affiliate.
Utah Code § 54-8-27 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-27
§ 54-8-27. Bill for conversion costs -- Not to exceed estimate -- Payment within 30 days -- Accounting procedures.
Status: in_force

Upon completion of the conversion contemplated by this chapter, the public utility corporation shall present the governing body with its verified bill for conversion costs as computed pursuant to Section 54-8-24 but based upon the actual cost of constructing the underground facility rather than the estimated cost of the facility. In no event shall the bill for conversion cost presented by the public utility corporation exceed the amount of estimated conversion costs by the public utility corporation. In the event the conversion costs are less than the estimated conversion costs, each owner within the improvement district shall receive the benefit, prorated in such form and at such time or times as the governing body may determine. The bill of the public utility corporation shall be paid within 30 days by the governing body from the improvement district funds. In determining the actual cost of constructing the underground facility the public utility shall use its standard accounting procedures, such as the Uniform System of Accounts as defined by the Federal Communications Commission or the Federal Power Commission and as is in use at the time of the conversion by the public utility involved.
Utah Code § 54-9-101 — Utah Code / Title 54 / Chapter 54-9 / § 54-9-101
§ 54-9-101. Title.
Status: in_force

This chapter is known as the "Electric Power Facilities Act."
Utah Code § 54-8b-1.1 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-1.1
§ 54-8b-1.1. Legislative policy declarations.
Status: in_force

The Legislature declares it is the policy of the state to: (1) endeavor to achieve the universal service objectives of the state as set forth in Section 54-8b-11; (2) facilitate access to high quality, affordable public telecommunications services to all residents and businesses in the state; (3) encourage the development of competition as a means of providing wider customer choices for public telecommunications services throughout the state; (4) allow flexible and reduced regulation for telecommunications corporations and public telecommunications services as competition develops; (5) facilitate and promote the efficient development and deployment of an advanced telecommunications infrastructure, including networks with nondiscriminatory prices, terms, and conditions of interconnection; (6) encourage competition by facilitating the sale of essential telecommunications facilities and services on a reasonably unbundled basis; (7) seek to prevent prices for tariffed public telecommunications services or price-regulated services from subsidizing the competitive activities of regulated telecommunications corporations; (8) encourage new technologies and modify regulatory policy to allow greater competition in the telecommunications industry; (9) enhance the general welfare and encourage the growth of the economy of the state through increased competition in the telecommunications industry; and (10) endeavor to protect customers who do not have competitive choice.
Utah Code § 54-8a-5.5 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-5.5
§ 54-8a-5.5. Determining the precise location of marked underground facilities.
Status: in_force

(1) An excavator may not use any power-operated or power-driven excavating or boring equipment within the tolerance zone unless: (a) the excavator determines the exact location of the underground facility by excavating with hand tools to confirm that the excavation will not damage the underground facilities; or (b) the operator provides an excavator with written or electronic notice waiving the requirement that the excavator determine the exact location of the underground facilities by excavating with hand tools. (2) Power-operated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there is no underground facility contained in the pavement, as marked by the operator.
Utah Code § 54-17-607 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-607
§ 54-17-607. Procedure and appeals under this chapter.
Status: in_force

(1) The governing authority, as defined in Section 54-15-102, has primary jurisdiction concerning issues of interpretation, implementation, and administration of this chapter. (2) An appeal of a commission order under this chapter is governed by Chapter 7, Hearings, Practice, and Procedure.
Utah Code § 54-7-13.4 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-13.4
§ 54-7-13.4. Alternative cost recovery for major plant addition -- Procedure.
Status: in_force

(1) As used in this section: (a) (i) "Complete filing" means an application filed by a gas corporation or electrical corporation that substantially complies with minimum filing requirements established by the commission, by rule, for cost recovery of a major plant addition. (ii) The commission shall within 180 days after March 25, 2009 create and finalize rules concerning the minimum requirements to be met for an application to be considered a complete filing. (b) "In-service date" means the first day that a gas corporation or an electrical corporation is no longer allowed to accrue an allowance for funds used during construction for a major plant addition. (c) "Major plant addition" means any single capital investment project of a gas corporation or an electrical corporation that in total exceeds 1% of the gas corporation's or electrical corporation's rate base, based on the gas corporation's or electrical corporation's most recent general rate case determination, that is: (i) used to serve Utah customers; and (ii) assigned or allocated to Utah. (2) A gas corporation or an electrical corporation may file with the commission a complete filing for cost recovery of a major plant addition if the commission has, in accordance with Section 54-7-12, entered a final order in a general rate case proceeding of the gas corporation or electrical corporation within 18 months of the projected in-service date of a major plant addition. (3) (a) A gas corporation or an electrical corporation may not file for cost recovery of a major plant addition more than 150 days before the projected in-service date of the major plant addition. (b) If the commission determines that the gas corporation or electrical corporation has not submitted a complete filing for cost recovery of a major plant addition, the commission shall determine: (i) what information the electrical corporation or gas corporation needs to provide to the commission; and (ii) the materiality of an application deficiency. (c) With respect to the applicable 90 or 150-day time period under Subsection (4) for the commission to enter an order as described in Subsection (4)(a)(iii), the commission may: (i) if the deficiencies are not material: (A) continue without delay; or (B) suspend the applicable 90 or 150-day time period and resume when the electrical corporation or gas corporation has filed the required information; or (ii) if the deficiencies are material, start the applicable 90 or 150-day time period over when the electrical corporation or gas corporation has filed the required information. (4) (a) The commission shall: (i) review the application for cost recovery of a major plant addition; (ii) after a hearing, approve, approve with conditions, or deny cost recovery of the major plant addition; and (iii) enter an order on cost recovery of a major plant addition within: (A) 90 days after the day on which a complete filing is made with respect to a significant energy resource approved by the commission under Section 54-17-302 or resource decision under Section 54-17-402; or (B) 150 days after the day on which a complete filing is made for any other major plant addition. (b) (i) If the commission approves cost recovery of a major plant addition, the commission shall determine the state's share of projected net revenue requirement impacts of the major plant addition, including prudently-incurred capital costs and other reasonably projected costs, savings, and benefits. (ii) The gas corporation or electrical corporation shall have the burden to prove a major plant addition's impacts as described in Subsection (4)(b)(i). (c) If the commission has previously issued an order and approved the major plant addition as a significant energy resource under Section 54-17-302 or resource decision under Section 54-17-402, the commission shall presume the prudence of the utility's capital costs up to the projected costs specified in the commission's previous significant energy resource order or resource decision order. (5) If the commission approves or approves with conditions cost recovery of a major plant addition, the commission shall do one or all of the following: (a) subject to Subsection (6)(c), authorize the gas corporation or electrical corporation to defer the state's share of the net revenue requirement impacts of the major plant addition for recovery in general rate cases; or (b) adjust rates or otherwise establish a collection method for the state's share of the net revenue requirement impacts that will apply to the appropriate billing components. (6) (a) Deferral or collection of the state's share of the net revenue requirement impacts of a major plant addition under this section shall commence upon the later of: (i) the day on which a commission order is issued approving the deferral or collection amount; or (ii) the in-service date of the major plant addition. (b) The deferral described in this section shall terminate upon a final commission order that provides for recovery in rates of all or any part of the net revenue requirement impacts of the major plant addition. (c) If the commission authorizes deferral under Subsection (5)(a), the amount deferred shall accrue a carrying charge on the net revenue requirement impacts as determined by the commission.
Utah Code § 54-4a-4 — Utah Code / Title 54 / Chapter 54-4a / § 54-4a-4
§ 54-4a-4. Legal counsel.
Status: in_force

The attorney general shall appoint sufficient full time legal counsel to assist, advise, and represent the division and its staff in the discharge of its duties and in all proceedings before the Public Service Commission, and in all other proceedings.
Utah Code § 54-21-201 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-201
§ 54-21-201. Applicability.
Status: in_force

This part only applies to a wireless provider deploying, within a right-of-way: (1) a small wireless facility; or (2) a utility pole associated with a small wireless facility.
Utah Code § 54-8-11 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-11
§ 54-8-11. Protests -- Hearings -- Representatives of utilities to be present -- Changes in proposal -- Adoption or abandonment of project.
Status: in_force

(1) (a) On the date and at the time and place specified in the notice under Section 54-8-9, the governing body shall in open and public session hear all objections to the creation of the proposed district, the making of the proposed improvements, and the benefits accruing to any tract, block, lot, or parcel of land in the proposed district. (b) Representatives of the public utilities concerned shall be present at each hearing under Subsection (1)(a). (c) A hearing under Subsection (1)(a) may be adjourned from time to time to a fixed future time and place. (d) If at any time during a hearing under Subsection (1)(a), it appears to the governing body that changes in the proposed improvements or the proposed district should be made, which, after consultation with the public utilities concerned, appear to affect either the cost or feasibility of the improvements, the hearing shall be adjourned to a fixed future time and place and a new costs and feasibility report prepared on the basis of the contemplated changes. (2) After the hearing has been concluded and after all persons desiring to be heard have been heard, the governing body: (a) shall consider the arguments put forth; (b) may make changes in the area to be included in the district as it considers desirable or necessary, if a costs and feasibility report has been prepared on the basis of those changes; and (c) shall adopt a resolution either abandoning the district and project or determining to proceed with the district and project, either as described in the notice or with changes made as authorized in this section.
Utah Code § 54-3-24 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-24
§ 54-3-24. Hostage situation -- Telephone communication prevention.
Status: in_force

The supervising law enforcement official having jurisdiction in a geographical area where hostages are held, who has probable cause to believe that the holder of one or more hostages is committing a crime, may order a previously designated telephone company security employee to arrange to cut, reroute or divert telephone lines that serve the area in which the hostages are being held, in an emergency, for the purpose of preventing telephone communications by the holder of the hostages with any person other than a peace officer or person authorized by a peace officer.The serving telephone company within the geographical area of the law enforcement unit shall designate a telephone company security official and an alternate to provide all required assistance to law enforcement officials to carry out the purpose of this section. Good faith reliance on an order given by a supervising law enforcement official shall constitute a complete defense to any action brought for conduct allowed under this section.
Utah Code § 54-22-203 — Utah Code / Title 54 / Chapter 54-22 / § 54-22-203
§ 54-22-203. Liability limitations.
Status: in_force

(1) An electric entity may not be held liable for damages or other relief if the claim for damages or other relief is based on livestock contact with any kind of stray current or voltage contributed by the electric entity below the actionable level. (2) There is no presumption of liability if the stray current or voltage is equal to or greater than the actionable level. (3) A claim for nuisance may not be asserted against an electric entity for damages due to stray current or voltage. Claims for stray current or voltage shall be limited to claims of negligence. The electric entity's conduct shall be evaluated using a standard of ordinary care under the circumstances.
Utah Code § 54-24-302 — Utah Code / Title 54 / Chapter 54-24 / § 54-24-302
§ 54-24-302. Utah fire fund administration.
Status: in_force

(1) Upon creation of a Utah fire fund under Section 54-24-301, a large-scale electric utility shall: (a) open a separate investment account designated as the Utah fire fund to hold all assets as described in Subsection 54-24-301(3) and designate the chief executive officer, chief financial officer, and other appropriate representatives as authorized by the board of directors of the utility as the account signatories; (b) invest Utah fire fund assets collected under Subsection 54-24-301(3) only in accordance with Title 51, Chapter 7, State Money Management Act, with all investment returns remaining in the Utah fire fund and not allocated to other accounts of the large-scale electric utility; (c) record all customer funds received into the large-scale electric utility's Utah fire fund account in a separate ledger account that reflects deposits, disbursements, assets, liabilities, equity, income, and expenditures related to the fund; (d) report all Utah fire fund account activity, including investment statements and ledger account reconciliations, to the commission annually, unless otherwise directed by commission order or regulation; (e) identify the Utah fire fund investment account as restricted in the large-scale electric utility's financial statements, with an offsetting regulatory liability owed back to customers in the event the funds are not fully utilized; and (f) maintain records of the assets, liabilities, equity, income, and expenditures of the large-scale electric utility's Utah fire fund. (2) (a) For all fire claims arising out of fire events that occurred in a calendar year, a large-scale electric utility may not receive disbursement of funds from a Utah fire fund until the large-scale electric utility has first paid $10,000,000 towards eligible payments from the large-scale electric utility's own funds, not included in its regulated revenue requirement. (b) Subject to Subsection (2)(a), a large-scale electric utility may disburse funds from the large-scale electric utility's Utah fire fund to pay eligible payments. (3) A surcharge described in Section 54-24-301 that funds a large-scale electric utility's Utah fire fund shall terminate on the earliest of the following dates: (a) the date that is 10 years after the effective date of the commission approved surcharge that established the large-scale electric utility's Utah fire fund; (b) the date on which the assets in the large-scale electric utility's Utah fire fund reach an amount equal to 50% of the large-scale electric utility's Utah revenue requirement established in the large-scale electric utility's most recently approved general rate case; or (c) the date on which the commission determines, on the commission's own motion, that the surcharge should terminate, regardless of the current balance in the Utah fire fund. (4) (a) In a rate case or other appropriate proceeding, any party may challenge the amount of the disbursement from the large-scale electric utility's Utah fire fund used for the settlement of a fire claim. (b) If an expenditure is challenged under Subsection (5)(a): (i) the commission may require that the large-scale electric utility replenish the large-scale electric utility's Utah fire fund for any amount that the commission determines was imprudent; and (ii) the burden is on the challenging party to prove imprudence. (c) The use of a Utah fire fund to pay a judgment relating to a fire claim is considered prudent and is not subject to challenge. (5) If the commission orders a large-scale electric utility to reimburse a Utah fire fund due to imprudence under this Subsection (5), the large-scale electric utility's total reimbursement obligation may not exceed 10% of the large-scale electric utility's distribution equity rate base assigned to this state for the calendar year in which the calculation is performed.
Utah Code § 54-22-204 — Utah Code / Title 54 / Chapter 54-22 / § 54-22-204
§ 54-22-204. Committee review requirements.
Status: in_force

By November 2020 and in three year intervals thereafter, the Public Utilities, Energy, and Technology Interim Committee shall review industry standards and peer reviewed research regarding levels of stray current and voltage and impacts to livestock.
Utah Code § 54-21-207 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-207
§ 54-21-207. Underground district.
Status: in_force

A wireless provider shall comply with an authority's prohibition on a communications service provider installing a structure in the right-of-way in an area designated solely for underground or buried cable and utility facilities, if: (1) the prohibition is reasonable and nondiscriminatory; and (2) the authority: (a) (i) requires that all cable and utility facilities, other than an authority pole and attachment, be placed underground; and (ii) establishes the requirement in Subsection (2)(a)(i) more than 90 days before the day on which the applicant submits the application; (b) does not prohibit the replacement of an authority pole in the designated area; and (c) permits a wireless provider to seek a waiver, that is administered in a nondiscriminatory manner, of the undergrounding requirement for the placement of a new utility pole to support a small wireless facility.
Utah Code § 54-24-201 — Utah Code / Title 54 / Chapter 54-24 / § 54-24-201
§ 54-24-201. Wildland fire protection plan for a qualified utility.
Status: in_force

(1) A qualified utility 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 qualified utility that may be subject to a heightened risk of wildland fire; (b) a description of the procedures, standards, and time frames that the qualified utility will use to inspect and operate its infrastructure; (c) a description of the procedures and standards that the qualified utility will use to perform vegetation management; (d) a description of proposed modifications or upgrades to facilities and preventative programs that the qualified utility 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 qualified utility 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 qualified utility intends to use to restore its electrical system in the event of a wildland fire; (g) a description of the costs for the implementation of the plan, including system improvements and upgrades; (h) a description of community outreach and public awareness efforts before and during a wildland fire season; and (i) a description of potential participation, if applicable, with state or local wildland fire protection plans. (3) (a) A qualified utility shall submit the wildland fire protection plan described in this section to the commission: (i) on or before June 1, 2020; and (ii) on or before October 1 of every third year after calendar year 2020. (b) The commission shall: (i) review the plan submitted under Subsection (3)(a); and (ii) consider input from: (A) the State 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 commission shall approve a wildland fire protection plan submitted under Subsection (3)(a) if the plan: (i) is reasonable and in the public interest; and (ii) appropriately balances the costs of implementing the plan with the risk of a potential wildland fire. (4) No later than June 1, 2021, and each year after 2021, a qualified utility shall submit to the commission a report detailing the qualified utility's compliance with the qualified utility's wildland fire protection plan.
Utah Code § 54-7-14.5 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-14.5
§ 54-7-14.5. Rescission or amendment of orders or decisions.
Status: in_force

(1) The commission may, at any time after providing an affected utility notice and an opportunity to be heard, rescind, alter, or amend any order or decision made by the commission. (2) An order rescinding, altering, or amending an original commission order or decision shall have the same effect on the public utility as the original order or decision.
Utah Code § 54-20-105 — Utah Code / Title 54 / Chapter 54-20 / § 54-20-105
§ 54-20-105. Innovative utility programs.
Status: in_force

(1) The commission may authorize, subject to funding available under Subsection 54-7-12.8(6)(b)(ii)(B), a large-scale electric utility to implement programs that the commission determines are in the interest of large-scale electric utility customers to provide for the investigation, analysis, and implementation of: (a) an economic development incentive rate; (b) a solar generation incentive; (c) a battery storage or electric grid related project; (d) a commercial line extension pilot program; (e) a program to curtail emissions from thermal generation plant in the Salt Lake non-attainment area during a non-attainment event as defined by the Division of Air Quality; (f) an additional electric vehicle incentive program incremental to the program described in Section 54-20-103; (g) an additional clean coal program incremental to the program described in Section 54-20-104; (h) an acquisition of electric infrastructure behind the large-scale electric utility's meter; and (i) any other technology program. (2) The commission may review the expenditures made by a large-scale electric utility for a program described in Subsection (1) in order to determine if the large-scale electric utility made the expenditures prudently in accordance with the purposes of the program. (3) (a) The commission may authorize a large-scale natural gas utility to implement and fund programs that the commission determines are in the public interest of large-scale natural gas utility customers to provide for the investigation, analysis, and implementation of: (i) an economic development incentive rate; (ii) research and development of other efficiency technologies; (iii) an acquisition of nonresidential natural gas infrastructure behind the large-scale natural gas utility's meter; (iv) the development of communities that can reduce greenhouse gases and NOx emissions; (v) a natural gas renewable energy project; (vi) a commercial line extension program; or (vii) any other technology program. (b) A large-scale natural gas utility proposing a program under this Subsection (3) shall, before submitting the program to the commission for approval, seek input from: (i) the Division of Public Utilities; (ii) the Office of Consumer Services; and (iii) a person that files a request for notice with the commission. (c) In determining whether a project is in the public interest, the commission shall consider the following factors: (i) to what extent the use of renewable natural gas is facilitated or expanded by the proposed project; (ii) potential air quality improvements associated with the proposed project; (iii) whether the proposed project could be provided by the private sector or would be viable without the proposed incentives; (iv) whether any proposed incentives were offered to all similarly situated potential partners and recipients; and (v) potential benefits to ratepayers. (d) Upon commission approval, the commission may authorize the large-scale natural gas utility to allocate on an annual basis up to $10,000,000 to a specific sustainable transportation and energy plan as described in Subsections (3)(a)(i) through (vii) or a specific natural gas clean air program as provided in Section 54-4-13.1. (e) A large-scale natural gas utility shall establish a balancing account that includes: (i) funds allocated for projects that have been approved by the commission under Subsection (3)(a); and (ii) a carrying charge in an amount determined by the commission. (4) The commission may review the expenditures made by a large-scale natural gas utility for a program described in Subsection (3) and approved by the commission in order to determine if the large-scale natural gas utility made the expenditures prudently in accordance with the purposes of the program. (5) The commission may authorize and establish funding for a conservation, efficiency, or new technology program in addition to the programs described in this chapter if the conservation, efficiency, or new technology program is cost-effective and in the public interest. (6) A large-scale electric utility or a large-scale natural gas utility that establishes and operates a natural gas clean air program described in Section 54-4-13.1, a sustainable transportation and energy plan under Section 54-7-12.8, or any plan or program under this chapter, shall submit a written report annually, on or before June 1, to the Public Utilities, Energy and Technology Interim Committee about each plan or program active during the previous calendar year, including status, operation, funding, disposition of funds, plan or program benefits, and the impact on rates.
Utah Code § 54-4-13.4 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-13.4
§ 54-4-13.4. Natural gas fueling stations and facilities -- Recovery of expenditures for stations and facilities.
Status: in_force

(1) The commission shall find that a gas corporation's expenditures for the construction, operation, and maintenance of natural gas fueling stations and appurtenant natural gas facilities are in the public interest and are just and reasonable, if: (a) the gas corporation's expenditures for the fueling stations and appurtenant facilities: (i) are prudently incurred; and (ii) do not exceed $5,000,000 in any calendar year; (b) the gas corporation shows that the estimated annual incremental increase in revenue related to the stations and facilities exceeds 50% of the annual revenue requirement of the stations and facilities; and (c) the stations and facilities are in service and are being used and are useful. (2) (a) A gas corporation may seek the recovery of expenditures under Subsection (1) through a mechanism designed to track and collect the expenditures between general rate cases. (b) (i) The commission shall allow a gas corporation to recover, through an incremental surcharge to all of its rate classes, expenditures that the gas corporation incurs that are directly related to the construction, operation, and maintenance of the stations and facilities described in Subsection (1), reduced by revenues the gas corporation receives during the same time period directly attributable to the stations and facilities. (ii) The commission shall assign a surcharge under Subsection (2)(b)(i) to each rate class based upon the pro rata share, approved by the commission, of the tariff revenue ordered in the gas corporation's most recent general rate case. (iii) A gas corporation may file an application to adjust a surcharge under Subsection (2)(b)(i) as frequently as semiannually. (iv) At the gas corporation's next general rate case, the commission shall include in base rates all expenditures that the gas corporation prudently incurs associated with a surcharge under Subsection (2)(b)(i).
Utah Code § 54-8a-8 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-8
§ 54-8a-8. Civil penalty  -- Exceptions -- Other remedies.
Status: in_force

(1) A civil penalty may be imposed for a violation of this chapter as provided in this section. (2) A civil penalty under this section may be imposed on: (a) any person that violates this chapter in an amount no greater than $5,000 for each violation with a maximum civil penalty of $100,000 per excavation; or (b) an excavator that fails to provide notice of an excavation in accordance with Section 54-8a-4 in an amount no greater than $500 in addition to the amount under Subsection (2)(a), regardless of whether the excavation resulted in damage to a facility. (3) Notwithstanding Subsection (2)(a), a penalty under this chapter may not be imposed on an excavator or operator unless the excavator or operator fails to comply with this chapter and damages an underground facility. (4) The amount of a civil penalty under this section shall be made taking into consideration the following: (a) the excavator's or operator's history of any prior violation or penalty; (b) the seriousness of the violation; (c) any discharge or pollution resulting from the damage; (d) the hazard to the health or safety of the public; (e) the degree of culpability and willfulness of the violation; (f) any good faith of the excavator or operator; and (g) any other factor considered relevant, including the number of past excavations conducted by the excavator, the number of location requests made by the excavator and the number of location markings made for the excavator or by the operator. (5) "Good faith," as used in Subsection (4)(f), includes actions taken before the filing of an action for civil penalty under this section to: (a) remedy, in whole or in part, a violation of this chapter; or (b) mitigate the consequences and damages resulting from a violation of this chapter. (6) (a) A civil penalty may not be imposed on an excavator if the damage to an underground facility results from an operator's: (i) failure to mark; (ii) inaccurate marking or locating of the operator's underground facilities; or (iii) failure to comply with Section 54-8a-5. (b) In addition to or in lieu of part of or all of a civil penalty, the excavator or operator may be required to undertake actions that are designed to prevent future violations of this chapter, including attending safety and compliance training, improving internal monitoring and compliance processes and procedures, or any other action that may result in compliance with this chapter. (7) Subsection (1) does not apply to an excavation made: (a) during an emergency, if reasonable precautions are taken to protect any underground facility; (b) in agricultural operations; (c) for the purpose of finding or extracting natural resources; or (d) with hand tools on property owned or occupied by the excavator. (8) (a) A civil penalty under this section is in addition to any damages that an operator or an excavator may seek to recover. (b) In an action brought under this section, the prevailing party shall be awarded its costs and attorney fees as determined by the court.
Utah Code § 54-14-305 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-305
§ 54-14-305. Written decisions of board.
Status: in_force

(1) The board shall issue a written decision on the review expeditiously and, in any event, not later than 75 days following the initial hearing. (2) The written decision shall: (a) specify whether the facility should be constructed and, if so, whether any requirements or conditions imposed by the local government may not be imposed because they impair the ability of the public utility to provide safe, reliable, and adequate service to its customers; and (b) resolve any dispute regarding: (i) the standard cost or estimated excess cost of the facility; (ii) the date on which construction of the facility should commence in order to avoid a significant risk of impairment of safe, reliable, and adequate service to customers of the public utility; (iii) whether the public utility has sought a permit, authorization, approval, exception, or waiver with respect to a facility sufficiently in advance of the date construction should commence, based upon reasonably foreseeable conditions, to allow the local government reasonable time to pay for any estimated excess cost; (iv) apportionment of the actual excess cost of the facility between the local government and the public utility under Subsection 54-14-303(1)(g); or (v) the proposed location and siting of a facility subject to Chapter 18, Siting of High Voltage Power Line Act, and in accordance with Section 54-14-102. (3) (a) Notwithstanding Subsection (6), the written decision of the board may designate the facility route for a high voltage transmission line pursuant to a dispute described under Section 54-14-304. (b) The public utility is entitled to recover from its ratepayers any actual excess costs apportioned to it under Subsection (2)(b)(iv). (4) If the board determines that a facility that a local government has prohibited should be constructed, the written decision shall specify any general location parameters required to provide safe, reliable, adequate, and efficient service to the customers of the public utility. (5) The written decision shall leave to the local government any issue that does not affect the provision of safe, reliable, adequate, and efficient service to customers of the public utility or that does not involve an estimated excess cost. (6) With respect to local government requirements or conditions that impose an estimated excess cost but do not impair the provision of safe, reliable, and adequate service to the customers of the public utility, the written decision shall leave each siting issue to the local government except determination of the estimated excess cost and determination of when the construction of the facility should commence. (7) (a) In determining when the construction of the facility should commence, the board shall consider whether the public utility sought a permit, authorization, approval, exception, or waiver from the local government in a timely manner based upon reasonably foreseeable conditions. (b) If the board determines that the public utility did not seek a permit, authorization, approval, exception, or waiver in a timely manner, the board shall allow sufficient time for the local government to pay any actual excess cost that may be imposed as a result of requirements or conditions the local government has imposed that do not impair the provision of safe, reliable, and adequate service to customers of the public utility. (c) There is a presumption that the utility has sought a permit, authorization, approval, exception, or waiver in a timely manner if the utility has complied with: (i) the notice and filing requirements of Chapter 18, Siting of High Voltage Power Line Act; or (ii) the timing requirements imposed by a local government land use ordinance.
Utah Code § 54-17-605 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-605
§ 54-17-605. Recovery of costs for clean energy activities.
Status: in_force

(1) In accordance with other law, the commission shall include in the retail electric rates of an electrical corporation whose rates the commission regulates the state's share of any of the costs listed in Subsection (2) that are relevant to the proceeding in which the commission is considering the electrical corporation's rates: (a) if the costs are prudently incurred by the electrical corporation in connection with: (i) the acquisition of a renewable energy certificate; (ii) the acquisition of qualifying electricity for which a renewable energy certificate will be issued after the acquisition; and (iii) the acquisition, construction, and use of a clean energy source; and (b) to the extent any qualifying electricity or clean energy source under Subsection (1)(a) satisfies the cost-effectiveness criteria of Subsection 54-17-201(2)(c)(ii). (2) The following are costs that may be recoverable under Subsection (1): (a) a cost of siting, acquisition of property rights, equipment, design, licensing, permitting, construction, owning, operating, or otherwise acquiring a clean energy source and any associated asset, including transmission; (b) a cost to acquire qualifying electricity through trade, power purchase, or other transfer; (c) a cost to acquire a bundled or unbundled renewable energy certificate, if any net revenue from the sale of a renewable energy certificate allocable to this state is also included in rates; (d) a cost to interconnect a clean energy source to the electrical corporation's transmission and distribution system; (e) a cost associated with using a physical or financial asset to integrate, firm, or shape a clean energy source on a firm annual basis to meet a retail electricity need; and (f) any cost associated with transmission and delivery of qualifying electricity to a retail electricity consumer. (3) (a) The commission may allow an electrical corporation to use an adjustment mechanism or reasonable method other than a rate case under Sections 54-4-4 and 54-7-12 to allow recovery of costs identified in Subsection (2). (b) If the commission allows the use of an adjustment mechanism, both the costs and any associated benefit shall be reflected in the mechanism, to the extent practicable. (c) This Subsection (3) creates no presumption for or against the use of an adjustment mechanism. (4) (a) The commission may permit an electrical corporation to include in its retail electric rates the state's share of costs prudently incurred by the electrical corporation in connection with a clean energy source, whether or not the clean energy source ultimately becomes operational, including costs of: (i) siting; (ii) property acquisition; (iii) equipment; (iv) design; (v) licensing; (vi) permitting; and (vii) other reasonable items related to the clean energy source. (b) Subsection (4)(a) creates no presumption concerning the prudence or recoverability of the costs identified. (c) To the extent deferral is consistent with other applicable law, the commission may allow an electrical corporation to defer costs recoverable under Subsection (4)(a) until the recovery of the deferred costs can be considered in a rate proceeding or an adjustment mechanism created under Subsection (3). (d) An application to defer costs shall be filed within 60 days after the day on which the electrical corporation determines that the clean energy source project is impaired under generally accepted accounting principles and will not become operational. (e) Notwithstanding the opportunity to defer costs under Subsection (4)(c), a cost incurred by an electrical corporation for siting, property acquisition, equipment, design, licensing, and permitting of a clean energy source that the electrical corporation proposes to construct shall be included in the electrical corporation's project costs for the purpose of evaluating the project's cost-effectiveness. (f) A deferred cost under Subsection (4)(a) may not be added to, or otherwise considered in the evaluation of, the cost of a project proposed by any person other than the electrical corporation for the purpose of evaluating that person's proposal.
Utah Code § 54-5-3 — Utah Code / Title 54 / Chapter 54-5 / § 54-5-3
§ 54-5-3. Default in payment of fee -- Procedure to collect -- Penalties.
Status: in_force

(1) (a) If the public utility fee is due and the payment is in default, the executive director of the Department of Commerce may: (i) file a lien in the amount of the property of the utility; and (ii) bring an action to foreclose the property in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the executive director shall bring an action described in Subsection (1)(a)(ii) in the county in which the property of the delinquent utility is located if the action is brought in the district court. (2) (a) If the fee computed and imposed under this chapter is not paid within 60 days after it becomes due, the rights and privileges of the delinquent utility shall be suspended. (b) The executive director of the Department of Commerce shall transmit the name of the utility to the Public Service Commission, which may immediately enter an order suspending the operating rights of the utility.
Utah Code § 54-22-205 — Utah Code / Title 54 / Chapter 54-22 / § 54-22-205
§ 54-22-205. Disputes.
Status: in_force

A dispute under this chapter involving an electric entity shall be resolved as follows: (1) if the electric entity is a public utility, in accordance with Section 54-7-9; and (2) if the electric entity is not a public utility, by bringing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.
Utah Code § 54-8b-10 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-10
§ 54-8b-10. Imposing a surcharge to provide deaf, hard of hearing, and speech impaired individuals with telecommunication devices -- Definitions -- Procedures for establishing program -- Surcharge -- Administration and disposition of surcharge money.
Status: in_force

(1) As used in this section: (a) "Certified deaf, hard of hearing, or severely speech impaired individual" means any state resident who: (i) is so certified by: (A) a licensed physician; (B) a licensed physician assistant; (C) an otolaryngologist; (D) a speech language pathologist; (E) an audiologist; or (F) a qualified state agency; and (ii) qualifies for assistance under any low income public assistance program administered by a state agency. (b) "Certified interpreter" means a person who is a certified interpreter under Title 35A, Chapter 13, Part 6, Interpreter Services for the Deaf and Hard of Hearing Act. (c) (i) "Telecommunication device" means any mechanical adaptation device that enables a deaf, hard of hearing, or severely speech impaired individual to use the telephone. (ii) "Telecommunication device" includes: (A) telecommunication devices for the deaf (TDD); (B) telephone amplifiers; (C) telephone signal devices; (D) artificial larynxes; and (E) adaptive equipment for TDD keyboard access. (2) The commission shall establish a program whereby a certified deaf, hard of hearing, or severely speech impaired customer of a telecommunications corporation that provides service through a local exchange or of a wireless telecommunications provider may obtain a telecommunication device capable of serving the customer at no charge to the customer beyond the rate for basic service. (3) (a) The program described in Subsection (2) shall provide a dual party relay system using third party intervention to connect a certified deaf, hard of hearing, or severely speech impaired individual with a normal hearing individual by way of telecommunication devices designed for that purpose. (b) The commission may, by rule, establish the type of telecommunications device to be provided to ensure functional equivalence. (4) The commission shall cover the costs of the program described in this section from the Universal Public Telecommunications Service Support Fund created in Section 54-8b-15. (5) In administering the program described in this section, the commission may use funds from the Universal Public Telecommunications Service Support Fund: (a) for the purchase, maintenance, repair, and distribution of telecommunication devices; (b) for the acquisition, operation, maintenance, and repair of a dual party relay system; (c) for the general administration of the program; (d) to train individuals in the use of telecommunications devices; and (e) to contract, in compliance with Title 63G, Chapter 6a, Utah Procurement Code, with: (i) an institution of higher education listed in Section 53H-1-102 for a program approved by the Utah Board of Higher Education that trains persons to qualify as certified interpreters; or (ii) the Utah State Office of Rehabilitation created in Section 35A-1-202 for a program that trains persons to qualify as certified interpreters. (6) The commission may create disbursement criteria and procedures by rule made under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for administering funds under Subsection (5). (7) The commission shall solicit advice, counsel, and physical assistance from deaf, hard of hearing, or severely speech impaired individuals and the organizations serving deaf, hard of hearing, or severely speech impaired individuals in the design and implementation of the program.
Utah Code § 54-8-4 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-4
§ 54-8-4. Creation of local improvement districts authorized.
Status: in_force

The governing body of every county is hereby authorized and empowered to create local improvement districts under this chapter within the unincorporated portion of such county, and the governing body of every city and town is hereby authorized and empowered to create local improvement districts under this chapter within its territorial limits:To provide for the conversion of existing overhead electric and communication facilities to underground locations and the construction, reconstruction or relocation of any other electric or communication facilities which may be incidental thereto, pursuant to the provisions of this chapter.
Utah Code § 54-15-107 — Utah Code / Title 54 / Chapter 54-15 / § 54-15-107
§ 54-15-107. Application to out-of-state electrical corporation.
Status: in_force

An electrical corporation with fewer than 5,000 customers in this state that is headquartered in another state is considered to be in compliance with this chapter if the electrical corporation offers net metering to its customers in Utah in accordance with a tariff, schedule, or other requirement of the appropriate authority in the state in which the electrical corporation's headquarters are located.
Utah Code § 54-4-22 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-22
§ 54-4-22. Statements of valuations -- Affidavits -- Records of valuation.
Status: in_force

The Public Service Commission must on or before the first day of December of each year furnish every public utility doing business in the state of Utah whose rates are based on the valuation of its properties or the amount of its investments with blank forms providing spaces for statements of the valuation of all of the properties of the public utilities located within this state. Said blank forms shall provide for whatever segregation or division of the values of said properties as the commission may require.Each blank form shall have affixed thereto an affidavit which must be substantially as follows:"I, ____, do swear that I am ____ (position held), of the ____ (name of company), and that as such I am in a position to know the valuations of both the tangible and intangible properties of the ____ (name of company), located in the state of Utah, and that to the best of my knowledge the above figures represent the true valuations of said properties at 12 noon on the first day of January of the year ____".Said affidavit in addition to the above must state the principal place of business of the public utility and other information required by the commission.The Public Service Commission shall require every public utility doing business within the state of Utah whose rates are based on the valuation of its properties or the amount of its investments to declare through its authorized agent on said blank forms the full value of all of the tangible and intangible properties of said utility which are located within the state of Utah, and it shall furthermore require that the valuation of the tangible properties be listed separately from the intangible properties. In making this declaration every public utility may take into consideration any increase or decrease in values of its property during the tax year last past and may raise or lower its declared true values accordingly.The Public Service Commission shall also require that this blank form be filed with the commission on or before a specific date each year to be determined by the commission, and shall require the affidavit of this blank form to be signed and sworn to by a duly qualified and acting officer of the respective public utility in the manner provided by law. The Public Service Commission shall prepare each year a book to be called "Record of Valuations of Utility Companies," in which must be entered the names of every person, organization, or corporation engaged in any utility business in Utah together with the valuation of the tangible and the valuation of the intangible properties of each of said person, organization, or corporation as determined and declared by the duly qualified officers of said public utilities and as declared and filed in accordance with the provisions of this section or as otherwise determined by the commission according to law. The Public Service Commission shall accept the values filed as provided herein unless otherwise changed by the commission upon evidence taken by and filed with the commission as the true values of the tangible and the intangible properties of the public utility and these last declared values shall be the values upon which said utility might earn a fair return. Under no circumstances shall an increase in the rates of any public utility be found justified by the commission if the increase shall result in an earning by the respective utility of an amount greater than a fair return on the value of the properties of the public utility located in the state of Utah as shown on the forms provided herein.
Utah Code § 54-25-201 — Utah Code / Title 54 / Chapter 54-25 / § 54-25-201
§ 54-25-201. Electrical power delivery quality plan for a qualified utility.
Status: in_force

(1) A qualified utility shall: (a) prepare an electrical power delivery quality plan in accordance with the requirements of this chapter; and (b) submit the electrical power delivery quality plan to the commission. (2) An electrical power delivery quality plan under Subsection (1) shall include: (a) a description of the procedures and standards that the qualified utility will use to assess an interconnection request to: (i) decrease the risk that the interconnected utility-scale generation facility will adversely affect the electrical power delivery quality to other customers on the qualified utility lines; and (ii) address adverse effects to the electrical power service quality caused by interconnected customer-owned generation systems that are discovered after the time of interconnection; (b) a description of the equipment that the qualified utility will use to perform the assessment described in Subsection (2)(a); and (c) a description of proposed modifications or upgrades to facilities and preventative programs that the qualified utility will implement to address any electrical power delivery quality issues that do not meet the qualified utility's interconnections policy or relevant national standards. (3) (a) The commission may only approve an electrical power delivery quality plan that meets the requirements of Subsection (2). (b) If the commission does not approve a proposed electrical power delivery quality plan, the commission shall: (i) notify the qualified utility that the proposed electrical power delivery quality plan was not approved; and (ii) provide specific recommendations to the qualified utility about changes needed for approval of the proposed electrical power delivery quality plan. (4) On or before October 31, 2023, and before October 31 of each year after 2023, the commission shall report to the Public Utilities, Energy, and Technology Interim Committee regarding a qualified utility's compliance with the qualified utility's electrical power delivery quality plan.
Utah Code § 54-21-102 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-102
§ 54-21-102. Scope.
Status: in_force

Nothing in this chapter: (1) permits an entity to provide a service regulated under 47 U.S.C. Secs. 521 through 573, in a right-of-way without compliance with all applicable legal obligations; (2) imposes a new requirement on the activity of a cable provider in a right-of-way for a cable service provided in this state; (3) governs: (a) a pole that an electrical corporation owns or a wireless support structure that an electrical corporation owns; or (b) the attachment of a small wireless facility to a pole that an electrical corporation owns or to a wireless support structure that an electrical corporation owns; or (4) confers on an authority any new jurisdiction over an electrical corporation.
Utah Code § 54-8b-3.4 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-3.4
§ 54-8b-3.4. Exemption from merger and acquisition approval by commission.
Status: in_force

(1) (a) Except as provided in Subsection (2), a telecommunications corporation is exempt from the requirements of Sections 54-4-28, 54-4-29, and 54-4-30 if the telecommunications corporation is: (i) a competitive entrant pursuant to Section 54-8b-2.1; or (ii) an incumbent telecommunications corporation that has pricing flexibility pursuant to Section 54-8b-2.3. (b) A telecommunications corporation that is exempt under Subsection (1) shall notify the commission in writing prior to the conclusion of any transaction that would otherwise be subject to Section 54-4-28, 54-4-29, or 54-4-30. (2) The exemption described in Subsection (1) does not apply if the telecommunications corporation receives high cost support from the Universal Public Telecommunications Support Fund established in Section 54-8b-15, other than a one-time distribution described in Section 54-8b-15.
Utah Code § 54-13-5 — Utah Code / Title 54 / Chapter 54-13 / § 54-13-5
§ 54-13-5. Establishment of fee.
Status: in_force

The commission may, by rule, establish a fee for the inspection of pipeline facilities of any person engaged in intrastate pipeline transportation who does not pay a public utilities regulation fee pursuant to Title 54, Chapter 5, Public Utilities Regulation Fee.
Utah Code § 54-8-17 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-17
§ 54-8-17. Assessments -- Hearings on -- Corrections of -- Assessment not to exceed benefit.
Status: in_force

On the date and at the time and place specified in the aforesaid notice, the governing body shall, in open and public session, hear all arguments relating to the benefits accruing to any tract, block, lot or parcel of land therein and the amounts proposed to be assessed against any such tract, block, lot or parcel. The hearing may be adjourned from time to time to a fixed future time and place. After the hearing has been concluded and all persons desiring to be heard have been heard, the governing body shall consider the arguments presented and shall make such corrections in the assessment list as may be considered just and equitable. Such corrections may eliminate, may increase, or may decrease the amount of the assessment proposed to be levied against any piece of property. However, no increase of any proposed assessment shall be valid unless the owner of the property is given notice and an opportunity to be heard. After such corrections have been made, the governing body shall make a specific finding that no proposed assessment on the corrected assessment list exceeds the benefit to be derived from the improvement by the piece of property to be so assessed and that no piece of property so listed will bear more than its proper proportionate share of the cost of such improvement.
Utah Code § 54-4-39 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-39
§ 54-4-39. Natural gas derived from new technologies -- Long-term contracts.
Status: in_force

(1) As used in this section: (a) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel. (b) "Long-term contract" means a contract greater than five years in duration, but no greater than 10 years in duration. (c) "Oil shale" means a group of fine black to dark brown shales containing bituminous material that yields petroleum upon distillation. (d) "Tar sands" means impregnated sands that yield mixtures of liquid hydrocarbon and require further processing other than mechanical blending before becoming finished petroleum products. (2) The commission shall approve a long-term contract for the sale of natural gas derived from coal-to-liquid, oil shale, or tar sands technology to a utility if the commission considers the contract prudent.
Utah Code § 54-20-101 — Utah Code / Title 54 / Chapter 54-20 / § 54-20-101
§ 54-20-101. Title.
Status: in_force

This chapter is known as the "Sustainable Transportation and Energy Plan Act."
Utah Code § 54-1-6.5 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-6.5
§ 54-1-6.5. Executive staff director -- Appointment -- Functions.
Status: in_force

The commission shall appoint an executive staff director, who shall serve at the pleasure of the commission and shall supervise and coordinate staff functions, assist the chairman of the commission with administrative duties, and perform any other duties the commission may direct.
Utah Code § 54-3-28 — Utah Code / Title 54 / Chapter 54-3 / § 54-3-28
§ 54-3-28. Notice required of certain public utilities before preparing or amending a long-range plan or acquiring certain property.
Status: in_force

(1) As used in this section: (a) (i) "Affected entity" means each county, municipality, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, special service district, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility: (A) whose services or facilities are likely to require expansion or significant modification because of expected uses of land under a proposed long-range plan or under proposed amendments to a long-range plan; or (B) that has filed with the specified public utility a copy of the general or long-range plan of the county, municipality, special district, special service district, school district, interlocal cooperation entity, or specified public utility. (ii) "Affected entity" does not include the specified public utility that is required under Subsection (2) to provide notice. (b) "Specified public utility" means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. (2) (a) If a specified public utility prepares a long-range plan regarding the specified public utility's facilities proposed for the future in a county of the first or second class or amends an already existing long-range plan, the specified public utility shall, before preparing a long-range plan or amendments to an existing long-range plan, provide written notice, as provided in this section, of the specified public utility's intent to prepare a long-range plan or to amend an existing long-range plan. (b) Each notice under Subsection (2) shall: (i) indicate that the specified public utility intends to prepare a long-range plan or to amend a long-range plan, as the case may be; (ii) describe or provide a map of the geographic area that will be affected by the long-range plan or amendments to a long-range plan; (iii) be sent to: (A) each county in whose unincorporated area and each municipality in whose boundaries is located the land on which the proposed long-range plan or amendments to a long-range plan are expected to indicate that the proposed facilities will be located; (B) each affected entity; (C) the Utah Geospatial Resource Center created in Section 63A-16-505; (D) each association of governments, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality described in Subsection (2)(b)(iii)(A) is a member; and (E) the state planning coordinator appointed under Section 63J-4-401; (iv) with respect to the notice to counties and municipalities described in Subsection (2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public utility to consider in the process of preparing, adopting, and implementing the long-range plan or amendments to a long-range plan concerning: (A) impacts that the use of land proposed in the proposed long-range plan or amendments to a long-range plan may have on the county, municipality, or affected entity; and (B) uses of land that the county, municipality, or affected entity is planning or considering that may conflict with the proposed long-range plan or amendments to a long-range plan; and (v) include the address of an Internet website, if the specified public utility has one, and the name and telephone number of an individual where more information can be obtained concerning the specified public utility's proposed long-range plan or amendments to a long-range plan. (3) (a) Except as provided in Subsection (3)(d), each specified public utility intending to acquire real property in a county of the first or second class for the purpose of expanding the specified public utility's infrastructure or other facilities used for providing the services that the specified public utility is authorized to provide shall provide written notice, as provided in this Subsection (3), of the specified public utility's intent to acquire the property if the intended use of the property is contrary to: (i) the anticipated use of the property under the county or municipality's general plan; or (ii) the property's current zoning designation. (b) Each notice under Subsection (3)(a) shall: (i) indicate that the specified public utility intends to acquire real property; (ii) identify the real property; and (iii) be sent to: (A) each county in whose unincorporated area and each municipality in whose boundaries the property is located; and (B) each affected entity. (c) A notice under this Subsection (3) is a protected record as provided in Subsection 63G-2-305(8). (d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified public utility previously provided notice under Subsection (2) identifying the general location within the municipality or unincorporated part of the county where the property to be acquired is located. (ii) If a specified public utility is not required to comply with the notice requirement of Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility shall provide the notice specified in Subsection (3)(a) as soon as practicable after the specified public utility's acquisition of the real property.
Utah Code § 54-7-13.7 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-13.7
§ 54-7-13.7. Energy rebate program -- Requirement -- Reporting to Office of Energy Development.
Status: in_force

(1) As used in this section: (a) "Energy rebate program" means a program operated by a large-scale public utility that provides financial rebates or incentives to customers for measures that reduce energy consumption or improve the efficiency of energy consumption. (b) "Large-scale public utility" means a public utility that: (i) provides retail electric service to more than 200,000 retail customers in the state; or (ii) provides retail natural gas service to more than 200,000 retail customers in the state. (c) "Office" means the Office of Energy Development created in Section 79-6-401. (2) On or before September 1, 2026, and annually thereafter on or before September 1, a large-scale public utility that operates an energy rebate program shall submit a report to the office describing the energy rebate program operated by the large-scale public utility during the previous calendar year. (3) The report required by Subsection (2) shall include: (a) a description of each energy rebate program offered by the large-scale public utility; (b) for each energy rebate program: (i) the types of rebates and incentives offered, including financial amounts and eligibility criteria; (ii) customer participation during the program year, including the number of participants in each of the following customer categories: (A) residential customers; (B) commercial customers; (C) industrial customers; (D) irrigation customers; and (E) any other customer class as determined by the large-scale public utility; (iii) the total amount of rebates and incentives issued; (iv) energy savings achieved through the program; (v) cost-effectiveness metrics for the program; and (vi) administrative costs incurred; and (c) how each energy rebate program aligns with the state energy policy described in Section 79-6-301.
Utah Code § 54-17-1202 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1202
§ 54-17-1202. Eligibility for state incentives.
Status: in_force

(1) A solar power plant for which a conditional use permit is issued after May 6, 2026, is not eligible to receive state incentives if the soil where the project is located is: (a) prime farmland, farmland of statewide importance, farmland of local importance, or farmland of unique importance, as designated by the Natural Resources Conservation Service; (b) irrigated cropland; or (c) non-irrigated cropland of a capability class one through four, as designated by the Natural Resources Conservation Service. (2) A proposed solar power plant may receive half of an eligible state incentive if the soil where the project is located is non-irrigated cropland of a capability class five or six, as designated by the Natural Resources Conservation Service. (3) A proposed solar power plant located on grazing land is not eligible to receive state incentives if the land produces greater than 250 pounds of vegetative production per acre in a normal year, according to the Web Soil Survey produced by the Natural Resources Conservation Service. (4) A proposed solar power plant located on grazing land may receive half of an eligible state incentive if the land produces between 125 and 250 pounds of vegetative production per acre in a normal year, according to the Web Soil Survey produced by the Natural Resources Conservation Service. (5) In accordance with Subsection 17D-3-103(2), a conservation district may make a recommendation to the Office of Energy Development to exempt a solar power plant from the eligibility limitations described in Subsections (1) through (4). (6) If a solar power plant is partially located on land described in Subsection (1)(a), the total amount of state incentives available to the solar power plant shall be reduced by the same percentage as the percentage of the solar power plant's total area that overlaps with the described land. (7) This section does not apply to a solar power plant that: (a) holds a position in an interconnection queue before January 1, 2026; (b) is subject to a signed commercial agreement to provide power that was executed before January 1, 2026; or (c) meets the requirements for, or is receiving, a state incentive before May 6, 2026.
Utah Code § 54-26-301.5 — Utah Code / Title 54 / Chapter 54-26 / § 54-26-301.5
§ 54-26-301.5. Private generation contracts.
Status: in_force

A customer seeking to receive electric service through a closed private generation system: (1) may negotiate directly with a large-scale generation provider; and (2) is not required to submit a large-scale service request to a qualified electric utility.
Utah Code § 54-8-21 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-21
§ 54-8-21. Assessments -- Prepayment of unpaid installments.
Status: in_force

The governing body may in the resolution levying the assessments provide that all unpaid installments of assessments levied against any piece of property may (but only in their entirety) be paid prior to the dates on which they become due if the property owner paying such installments pays all interest which would accrue thereon to the next succeeding date on which interest is payable on the bonds issued in anticipation of the collection of the assessments, together with such additional amount of interest as in the opinion of the governing body is necessary to assure the availability of money fully sufficient to pay interest on the bonds as interest becomes due and any redemption premiums which may become payable on the bonds in order to retire in advance of maturity bonds in a sufficient amount to utilize the assessments thus paid in advance. If no bonds have been issued then all unpaid installments of assessments levied against any piece of property may be paid in their entirety prior to the date upon which they become due by paying the principal amount due and the interest accrued thereon to the date of payment.
Utah Code § 54-23-102 — Utah Code / Title 54 / Chapter 54-23 / § 54-23-102
§ 54-23-102. Definitions.
Status: in_force

As used in this chapter: (1) "Consumer price index" means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor. (2) (a) "Crossing" means a telecommunications facility constructed under or across a railroad right-of-way: (i) at an angle between 80 degrees and 100 degrees; (ii) with a minimum depth of: (A) 10 feet below rail level for nonhorizontal directional drilling; or (B) 15 feet below rail for horizontal directional drilling; and (iii) within a county that is not a county of the first class. (b) "Crossing" does not include longitudinal occupancy of railroad right-of-way. (3) "Facility" or "telecommunications facility" means fiber optics or related conduit installed in a crossing. (4) "Fiber optic carrier" means a telecommunications corporation or a telecommunications corporation's contractor or agent.
Utah Code § 54-8b-2.2 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-2.2
§ 54-8b-2.2. Interconnection.
Status: in_force

(1) (a) (i) The commission may require any telecommunications corporation to interconnect its essential facilities with another telecommunications corporation that provides public telecommunications services in the same, adjacent, or overlapping service territory. (ii) Interconnecting telecommunications corporations shall permit the mutual exchange of traffic between their networks without unreasonable blocking or other unreasonable restrictions on the flow of traffic. In determining unreasonable blocking or unreasonable restrictions, the commission shall, among other things, take into account the necessity and time required for adapting the network to respond to significant changes in usage patterns. (b) (i) Whenever the commission grants a certificate to one or more telecommunications corporations to provide public telecommunications services in the same or overlapping service territories, all telecommunications corporations providing public telecommunications services in the affected area shall have the right to interconnect with the essential facilities and to purchase the essential services of all other certificate holders operating in the same area on a nondiscriminatory and reasonably unbundled basis. (ii) Each telecommunications corporation shall permit access to and interconnection with its essential facilities and the purchase of its essential services on terms and conditions, including price, no less favorable than those the telecommunications corporation provides to itself and its affiliates. (c) Nothing in this section shall prevent a telecommunications corporation from entering into nondiscriminatory agreements for interconnection with its essential facilities and the purchase and sale of essential services. (d) (i) A telecommunications corporation shall file with the commission the prices, terms, and conditions of any agreement it makes for the interconnection of essential facilities or the purchase or sale of essential services. (ii) The agreement shall take effect 10 days after filing. (iii) Each telecommunications corporation shall allow any other telecommunications corporation to obtain interconnection with its essential facilities and to purchase essential services on prices, terms, and conditions no less favorable than those on file with the commission. (e) If there is a dispute over interconnection of essential facilities, the purchase and sale of essential services, or the planning or provisioning of facilities or unbundled elements, one or both of the disputing parties may bring the dispute to the commission, and the commission, by order, shall resolve the dispute on an expedited basis. (f) It is not a discriminatory pricing practice to vary prices to reflect genuine cost differences. (2) (a) The commission shall adopt rules or issue an interim order which implements by December 31, 1996, the competitive provision of facilities-based intraLATA toll and local exchange services. (b) The rules or interim order shall address those issues the commission determines are essential for a competing telecommunications corporation to provide intraLATA toll and local exchange services and necessary to protect the public interest, including the interconnection with essential facilities and the purchase and sale of essential services of telecommunications corporations authorized to provide public telecommunications services in the same or overlapping service territories on a nondiscriminatory and reasonably unbundled basis. (3) (a) By December 31, 1997, the commission shall adopt additional rules or issue a final order to implement the competitive provision of facilities-based intraLATA toll and local exchange services. (b) The rules or final order shall address other issues relating to: (i) competition for intraLATA toll and local exchange services; (ii) blocking, timing of provisioning of unbundled elements, and service quality standards for interconnecting carriers; (iii) the transition to a competitive market; and (iv) the protection of the public interest. (4) Nothing in this section shall require or prohibit the commission from ordering changes in dialing patterns for intraLATA toll services. (5) If the commission, by order, approves the application of a telecommunications corporation to provide public telecommunications services in all or part of the service territory certificated to an incumbent telephone corporation before the adoption of the rules or final order described in Subsection (3), the commission may: (a) order the interconnection of essential facilities and the purchase and sale of the essential services of a telecommunications corporation with those of a competing telecommunications corporation on such terms and conditions and to the extent necessary to allow the competing telecommunications corporation to operate under authority granted by the commission; and (b) address and resolve, by order, other issues necessary for the competitive provision of intraLATA toll and local exchange services.
Utah Code § 54-27-101 — Utah Code / Title 54 / Chapter 54-27 / § 54-27-101
§ 54-27-101. Definitions.
Status: in_force

As used in this chapter: (1) "Commission" means the same as that term is defined in Section 54-2-1. (2) "Electrical corporation" means the same as that term is defined in Section 54-2-1. (3) "Independent system operator" means a regional transmission organization recognized by the Federal Energy Regulatory Commission that administers electric transmission and markets. (4) "Regional transmission organization" means an entity approved by the Federal Energy Regulatory Commission that coordinates, controls, or monitors electricity transmission on a regional basis. (5) "Transmission provider" means the same as that term is defined in Section 54-26-101.
Utah Code § 54-8b-11 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-11
§ 54-8b-11. Establishing just and reasonable rates.
Status: in_force

In administering this title, the commission shall endeavor to make available high-quality, universal telecommunications services at just and reasonable rates for all classes of customers throughout this state.
Utah Code § 54-7-2 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-2
§ 54-7-2. Process -- Service -- Fees.
Status: in_force

The process issued by the commission or any commissioner shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record, or by any person designated for that purpose by the commission or a commissioner. The person executing any such process shall receive such compensation as may be allowed by the commission, not to exceed the fees prescribed by law for similar services in civil actions, and such fees shall be paid in the same manner as provided herein for payment of the fees of witnesses.
Utah Code § 54-7-15 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-15
§ 54-7-15. Review or rehearing by commission -- Application -- Procedure -- Prerequisite to court action -- Effect of commission decisions.
Status: in_force

(1) Before seeking judicial review of the commission's action, any party, stockholder, bondholder, or other person pecuniarily interested in the public utility who is dissatisfied with an order of the commission shall meet the requirements of this section. (2) (a) After any order or decision has been made by the commission, any party to the action or proceeding, any stockholder, bondholder, or other party pecuniarily interested in the public utility affected may apply for rehearing of any matters determined in the action or proceeding. (b) An applicant may not urge or rely on any ground not set forth in the application in an appeal to any court. (c) Any application for rehearing not granted by the commission within 30 days is denied. (d) (i) If the commission grants any application for rehearing without suspending the order involved, the commission shall issue its decision on rehearing within 30 days after final submission. (ii) If the commission fails to render its decision on rehearing within 30 days, the order involved is affirmed. (e) Unless an order of the commission directs that an order is stayed or postponed, an application for review or rehearing does not excuse any corporation or person from complying with and obeying any order or decision of the commission. (3) Any order or decision on rehearing that abrogates, changes, or modifies an original order or decision has the same effect as an original order or decision, but does not affect any right, or the enforcement of any right, arising from the original order or decision unless ordered by the commission. (4) An order of the commission, including a decision on rehearing: (a) has effect only with respect to a public utility that is an actual party to the proceeding in which the order is rendered; and (b) does not determine any right, privilege, obligation, duty, constraint, burden, or responsibility with respect to a public utility that is not a party to the proceeding in which the order is rendered unless, in accordance with Subsection 63G-3-201(6), the commission makes a rule that incorporates the one or more principles of law that: (i) are established by the order; (ii) are not in commission rules at the time of the order; and (iii) affect the right, privilege, obligation, duty, constraint, burden, or responsibility with respect to the public utility.
Utah Code § 54-8a-13 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-13
§ 54-8a-13. Underground Facilities Damage Dispute Board -- Arbitration -- Relationship with Public Service Commission.
Status: in_force

(1) There is created within the commission the Underground Facilities Damage Dispute Board to arbitrate, or parties may mutually agree to mediate, a dispute arising from: (a) an operator's or excavator's violation of this chapter; and (b) damage caused by excavation during an emergency. (2) The board consists of five members appointed by the governor as follows: (a) one member from a list of names provided to the governor by a group representing operators; (b) one member from a list of names provided to the governor by the Associated General Contractors; (c) one member from a list of names provided to the governor by Blue Stakes of Utah; (d) one member from a list of names provided to the governor by the Utah Home Builders Association; and (e) one member from the Division of Public Utilities. (3) (a) A member of the board: (i) shall be appointed for a three-year term; and (ii) may continue to serve until the member's successor takes office. (b) At the time of appointment, the governor shall stagger the terms of the members to ensure that approximately 1/3 of the members of the board are reappointed each year. (c) A vacancy in the board shall be filled: (i) for the unexpired term; and (ii) in the same manner as the board member is initially appointed. (d) The board shall select an alternate for a specific board member to serve on a specific case if it becomes necessary to replace a member who has a conflict of interest because a dispute involves that member or that member's employer. (4) Three members of the board constitute a quorum. (5) The board may, upon agreement of the disputing parties, arbitrate or mediate a dispute regarding damages, not including personal injury damages, arising between: (a) an operator; (b) an excavator; (c) a property owner; or (d) any other interested party. (6) At least four members of the board shall be present and vote on an arbitration decision. (7) An arbitration before the board shall be consistent with Title 78B, Chapter 11, Utah Uniform Arbitration Act. (8) The prevailing party in an arbitration conducted under this section shall be awarded its costs and attorney fees in an amount determined by the board. (9) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (10) The commission shall provide administrative support to the board.
Utah Code § 54-22-102 — Utah Code / Title 54 / Chapter 54-22 / § 54-22-102
§ 54-22-102. Definitions.
Status: in_force

(1) "Actionable level" means stray current or voltage that is: (a) a steady-state, root mean square, alternating current (AC) of 2.0 milliamps or more through a 500 ohm resistor connected between livestock contact points, as measured by a digital true root mean square meter; (b) a steady-state, root mean square AC voltage of 1.0 volt or more across, in parallel with, a 500 ohm resistor connected between livestock contact points, as measured by a true root mean square meter; (c) a steady-state direct current (DC) of 2.8 milliamps or more through a 500 ohm resistor connected between livestock contact points, as measured by a digital meter; or (d) a steady-state DC voltage of 1.4 volts or more across a 500 ohm resistor connected between livestock contact points, as measured by a digital meter. (2) "Electric entity" means: (a) an electrical corporation, independent energy producer, qualifying power producer, interlocal entity, public agency, or person engaged in generating, furnishing, transmitting, distributing, or marketing electrical power for public or private use; and (b) an agent, affiliate, employee, or independent contractor of a person described in Subsection (2)(a). (3) "Interlocal entity" means the same as that term is defined in Section 11-13-103. (4) "Livestock" means cattle, swine, sheep, equine, or poultry. (5) "Livestock contact points" means two electrically conductive points that livestock may simultaneously contact. (6) "Livestock operator" means a person who through an agreement with the owner of livestock has authority and is responsible to oversee the care and well being of the livestock. (7) "Public agency" means the same as that term is defined in Section 11-13-103. (8) "Qualified testing professional" means an electrical engineer who has: (a) graduated with an engineering degree from an accredited university; (b) completed no fewer than 40 hours of relevant stray current or voltage training, with electric utility experience; and (c) been involved in at least one prior investigation involving the measurement or testing of stray current or voltage. (9) "Root mean square" means: (a) a measure of the effective energy value of a wave or cycle; and (b) for regularly shaped alternating current sine waves, a value of 0.707 multiplied by the peak value of the sine wave. (10) "Steady-state" means: (a) for alternating current and AC voltage, a one minute average of root mean square amperage or voltage values, excluding transients; and (b) for direct current and DC voltage, a one minute average of amperage or voltage values excluding transients. (11) "Transient" means a current or voltage impulse: (a) lasting less than five thousandths of a second; and (b) found on all types of electrical, data, and communications circuits.
Utah Code § 54-8b-3.3 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-3.3
§ 54-8b-3.3. Services that must be offered on a nondiscriminatory basis -- Public telecommunications to be cost-based -- Packaged services -- Quality of service standards.
Status: in_force

(1) (a) As used in this section, "cost-based" means that the prices for the telecommunications services shall be established after taking into consideration the total service long-run incremental cost of providing the service. (b) The term "cost-based" does not prevent the establishment of prices: (i) that promote the universal availability of service in the state; or (ii) that are offered by a telecommunications corporation for a public telecommunications service in a promotional offer, or market trial, or to meet competition. (2) Except with respect to a price regulated service offered in a promotional offer, or market trial, or to meet competition and notwithstanding any other provision of this chapter: (a) a telecommunications corporation with more than 30,000 access lines in the state that provides a public telecommunications service may not: (i) as to the pricing and provisioning of the public telecommunications service, make or grant any undue or unreasonable preference or advantage to any person, corporation, or locality; or (ii) in providing services that utilize the local exchange network: (A) make or give any undue or unreasonable preference or advantage to any person, corporation, or locality; or (B) subject any person, corporation, or locality to any undue or unreasonable prejudice or disadvantage; (b) public telecommunications services provided by a telecommunications corporation with more than 30,000 access lines in the state shall be nondiscriminatory, cost-based, and subject to resale as determined by the commission; and (c) public telecommunications services may be packaged with other services, so long as they are also offered on a separate, unbundled basis. (3) (a) In order to promote continued investment in the public telecommunications network and to improve the quality of service for end users, the commission may adopt rules governing service quality standards to end users for all public telecommunications services. (b) The commission shall have the authority to enforce the rules adopted under this Subsection (3) by granting billing credits to the affected end user where the noncompliance is for reasons within the telecommunications corporation's control. (c) Rules adopted under this Subsection (3) on or after January 1, 2005, shall impose no greater requirements or obligations on any telecommunications corporation: (i) than were applicable to that telecommunications corporation under rules adopted before January 1, 2005; or (ii) than were imposed on telecommunications corporations that were not incumbent telephone corporations, if the telecommunications corporation is not an incumbent telephone corporation. (d) An incumbent telephone corporation with less than 30,000 access lines in the state is exempt from this Subsection (3).
Utah Code § 54-1-13 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-13
§ 54-1-13. Commission exploration and development of cleaner air options.
Status: in_force

The commission shall immediately initiate and conduct proceedings to explore and develop options and opportunities for advancing and promoting measures designed to result in cleaner air in the state through the enhanced use of alternative fuel vehicles, including: (1) consideration of the role that gas corporations should play in the enhancement and expansion of the infrastructure and maintenance and other facilities for alternative fuel vehicles; (2) the potential funding options available to pay for the enhancement and expansion of infrastructure and facilities for alternative fuel vehicles; (3) the role local government, including any local government entity established for the purpose of facilitating conversion to alternative fuel vehicles and of promoting the enhancement and expansion of the infrastructure and facilities for those vehicles, can or should play; and (4) the most effective ways to overcome any obstacles to converting to alternative fuel vehicles and to enhancing and expanding the infrastructure and facilities for alternative fuel vehicles.
Utah Code § 54-12-2 — Utah Code / Title 54 / Chapter 54-12 / § 54-12-2
§ 54-12-2. Purchase of power from qualifying power producers.
Status: in_force

(1) Purchasing utilities shall offer to purchase power from qualifying power producers. (2) The commission shall establish reasonable rates, terms, and conditions for the purchase or sale of electricity or electrical generating capacity, or both, between a purchasing utility and a qualifying power producer. In establishing these rates, terms, and conditions, the commission shall either establish a procedure under which qualifying power producers offer competitive bids for the sale of power to purchasing utilities or devise an alternative method which considers the purchasing utility's avoided costs. The capacity component of avoided costs shall reflect the purchasing utility's long-term deferral or cancellation of generating units which may result from the purchase of power from qualifying power producers. (3) Purchasing utilities and qualifying power producers may agree to rates, terms, or conditions for the sale of electricity or electrical capacity which differ from the rates, terms, and conditions adopted by the commission under Subsection (2). (4) The commission may adopt further rules which encourage the development of small power production and cogeneration facilities.
Utah Code § 54-15-102 — Utah Code / Title 54 / Chapter 54-15 / § 54-15-102
§ 54-15-102. Definitions.
Status: in_force

As used in this chapter: (1) "Annualized billing period" means: (a) a 12-month billing cycle beginning on April 1 of one year and ending on March 31 of the following year; or (b) an additional 12-month billing cycle as defined by an electrical corporation's net metering tariff or rate schedule. (2) "Customer-generated electricity" means electricity that: (a) is generated by a customer generation system for a customer participating in a net metering program; (b) exceeds the electricity the customer needs for the customer's own use; and (c) is supplied to the electrical corporation administering the net metering program. (3) "Customer generation system": (a) means an eligible facility that is used to supply energy to or for a specific customer that: (i) has a generating capacity of: (A) more than 1,200 watts but not more than 25 kilowatts for a residential facility; or (B) not more than two megawatts for a non-residential facility, unless the governing authority approves a greater generation capacity; (ii) is located on, or adjacent to, the premises of the electrical corporation's customer, subject to the electrical corporation's service requirements; (iii) operates in parallel and is interconnected with the electrical corporation's distribution facilities; (iv) is intended primarily to offset part or all of the customer's requirements for electricity; and (v) is controlled by an inverter; (b) includes an electric generator and its accompanying equipment package; and (c) does not include a portable solar generation device. (4) "Eligible facility" means a facility that uses energy derived from one of the following to generate electricity: (a) solar photovoltaic and solar thermal energy; (b) wind energy; (c) hydrogen; (d) organic waste; (e) hydroelectric energy; (f) waste gas and waste heat capture or recovery; (g) biomass and biomass byproducts, except for the combustion of: (i) wood that has been treated with chemical preservatives such as creosote, pentachlorophenol, or chromated copper arsenate; or (ii) municipal waste in a solid form; (h) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (i) agricultural residues; (j) dedicated energy crops; (k) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; or (l) geothermal energy. (5) "Equipment package" means a group of components connecting an electric generator to an electric distribution system, including all interface equipment and the interface equipment's controls, switchgear, inverter, and other interface devices. (6) "Excess customer-generated electricity" means the amount of customer-generated electricity in excess of the customer's consumption from the customer generation system during a monthly billing period, as measured at the electrical corporation's meter. (7) "Fuel cell" means a device in which the energy of a reaction between a fuel and an oxidant is converted directly and continuously into electrical energy. (8) "Governing authority" means: (a) for a distribution electrical cooperative, its board of directors; and (b) for each other electrical corporation, the Public Service Commission. (9) "Inverter" means a device that: (a) converts direct current power into alternating current power that is compatible with power generated by an electrical corporation; and (b) has been designed, tested, and certified to UL1741 and installed and operated in accordance with the latest revision of IEEE1547, as amended. (10) "Net electricity" means the difference, as measured at the meter owned by the electrical corporation between: (a) the amount of electricity that an electrical corporation supplies to a customer participating in a net metering program; and (b) the amount of customer-generated electricity delivered to the electrical corporation. (11) "Net metering" means measuring the amount of net electricity for the applicable billing period. (12) "Net metering program" means a program administered by an electrical corporation whereby a customer with a customer generation system may: (a) generate electricity primarily for the customer's own use; (b) supply customer-generated electricity to the electrical corporation; and (c) if net metering results in excess customer-generated electricity during a billing period, receive a credit as provided in Section 54-15-104. (13) "Portable solar generation device" means a moveable photovoltaic generation device that: (a) has a maximum power output of not more than 1,200 watts; (b) is designed to be connected to a building's electrical system through a standard 120-volt alternating current outlet; (c) is intended primarily to offset part of the customer's electricity consumption; (d) meets the standards of the most recent version of the National Electrical Code; and (e) is certified by Underwriters Laboratories or an equivalent nationally recognized testing laboratory. (14) "Switchgear" means the combination of electrical disconnects, fuses, or circuit breakers: (a) used to: (i) isolate electrical equipment; and (ii) de-energize equipment to allow work to be performed or faults downstream to be cleared; and (b) that is: (i) designed, tested, and certified to UL1741; and (ii) installed and operated in accordance with the latest revision of IEEE1547, as amended.
Utah Code § 54-23-106 — Utah Code / Title 54 / Chapter 54-23 / § 54-23-106
§ 54-23-106. Objections -- petition to Public Service Commission by a railroad.
Status: in_force

(1) If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, a violation of any federal law or regulation applicable to a public transit district, or a violation of an agreement between a public transit district and the federal government, the railroad shall provide written or electronic notice to the fiber optic carrier of the objection and the specific basis for the objection. (2) (a) If the parties make good faith efforts to resolve the objection, and are unable to resolve the objection, either party may petition the commission for assistance via mediation or arbitration of the disputed crossing application. (b) The petition shall be filed within 60 days of receipt of the objection. (3) If a petition is filed under Subsection (2), the commission shall issue an order within 120 days of filing of the petition. (4) An order issued under Subsection (3) may be appealed in accordance with Chapter 7, Hearings, Practice, and Procedure. (5) The commission shall assess the costs associated with a petition equitably among the parties.
Utah Code § 54-14-303 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-303
§ 54-14-303. Actions or disputes for which board review may be sought.
Status: in_force

(1) A local government or public utility may seek review by the board, if: (a) a local government has imposed requirements on the construction of a facility that result in estimated excess costs without entering into an agreement with the public utility to pay for the actual excess cost, except any actual excess costs specified in Subsection 54-14-201(2)(a) or (2)(b), at least 30 days before the date construction of the facility should commence in order to avoid significant risk of impairment of safe, reliable, efficient, and adequate service to customers of the public utility; (b) there is a dispute regarding: (i) the estimated excess cost or standard cost of a facility; (ii) when construction of a facility should commence in order to avoid significant risk of impairment of safe, reliable, and adequate service to customers of the public utility; (iii) whether the public utility has sought a permit, authorization, approval, exception, or waiver with respect to a facility sufficiently in advance of the date construction should commence, based upon reasonably foreseeable conditions, to allow the local government reasonable time to pay for any estimated excess cost; (iv) the geographic boundaries of a proposed corridor as set forth in a notice submitted by a public utility to a local government pursuant to the provisions of Subsection 54-18-301(2)(a), provided the action is filed by the local government before the public utility files an application for a land use permit as set forth in Subsection 54-18-304(1)(a); or (v) a modification proposed by a local government to a utility's proposed corridor that is identified in the public utility's notice of intent required pursuant to Subsection 54-18-301(3); (c) a local government has required construction of a facility in a manner that will not permit the utility to provide service to its customers in a safe, reliable, adequate, or efficient manner; (d) a local government has prohibited construction of a facility which is needed to provide safe, reliable, adequate, and efficient service to the customers of the public utility; (e) a local government has not made a final decision on the public utility's application for a permit, authorization, approval, exception, or waiver with respect to a facility within 60 days of the date the public utility applied to the local government for the permit, authorization, approval, exception, or waiver; (f) a facility is located or proposed to be located in more than one local government jurisdiction and the decisions of the local governments regarding the facility are inconsistent; or (g) a facility is proposed to be located within a local government jurisdiction to serve customers exclusively outside the jurisdiction of the local government and there is a dispute regarding the apportionment of the actual excess cost of the facility between the local government and the public utility. (2) (a) If an action is filed by a local government pursuant to Subsection (1)(b)(iv) or (v) seeking a modification to a target study area or a proposed corridor, the local government shall provide written notice of the action to any potentially affected landowner, as defined in Section 54-18-102, or affected entity, as defined in Section 54-18-102. (b) A potentially affected landowner, as defined in Section 54-18-102, or affected entity, as defined in Section 54-18-102, shall have a right to intervene as a party in the proceeding.
Utah Code § 54-4-21 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-21
§ 54-4-21. Valuation of public utilities.
Status: in_force

The commission shall have power to ascertain the value of the property of every public utility in this state and every fact which in its judgment may or does have any bearing on such value. The commission shall have power to make revaluations from time to time and to ascertain the value of new construction, extensions, and additions to the property of every public utility; provided, that the valuation of the property of all public utilities doing business within this state located in Utah as recorded in accordance with Section 54-4-22 of this chapter shall be considered the actual value of the properties of said public utilities in Utah unless otherwise changed after hearings by order of the commission. In case the commission changes the valuation of the properties of any public utility said new valuations found by the commission shall be the valuations of said public utility for all purposes provided in this chapter.
Utah Code § 54-7-3 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-3
§ 54-7-3. Subpoena -- Witness fees -- Depositions.
Status: in_force

(1) (a) The commission and each commissioner may administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents, and other evidence in any inquiry, investigation, hearing, or proceeding in any part of the state. (b) (i) Each witness who appears by order of the commission or a commissioner shall receive the same fees and mileage for the witness's attendance that are allowed by law to a witness in the district court. (ii) The party at whose request the witness is subpoenaed shall pay the witness and mileage fee. (iii) When any witness who has not been required to attend at the request of any party is subpoenaed by the commission, the witness's fees and mileage shall be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid. (iv) Any witness subpoenaed, except one whose fees and mileage may be paid from the funds of the commission, may at the time of service, demand the fee to which the witness is entitled for travel to and from the place at which the witness is required to appear and one day's attendance. (v) If the witness demands the fees at the time of service and the fees are not paid at that time, the witness is not required to attend the hearing. (vi) All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action instituted by the person to whom the fees are payable. (vii) No witness furnished with free transportation receives mileage for the distance the witness may have traveled. (2) The commission or any commissioner or any party may in any investigation before the commission cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for depositions in civil actions in the district courts of this state, and may compel the attendance of witnesses and the production of books, waybills, documents, papers, and accounts.
Utah Code § 54-21-402 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-402
§ 54-21-402. Prohibition on exclusive use.
Status: in_force

(1) A person owning, managing, or controlling an authority pole in a right-of-way may not enter into an exclusive arrangement with a person for the right to collocate a small wireless facility to the authority pole. (2) A person who purchases or otherwise acquires an authority pole is subject to the requirements of this part. (3) An authority shall allow the collocation of a small wireless facility on an authority pole in a right-of-way: (a) as provided in this chapter; and (b) subject to the permitting process in Part 3, Permitting Process for Small Wireless Facilities.
Utah Code § 54-4-13.1 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-13.1
§ 54-4-13.1. Natural gas vehicle rate -- Natural gas clean air programs.
Status: in_force

(1) The commission may find that a gas corporation's request for a natural gas vehicle rate that is less than full cost of service is: (a) in the public interest; and (b) just and reasonable. (2) If the commission approves a gas corporation's request under Subsection (1), the remaining costs may be spread to other customers of the gas corporation. (3) The commission may authorize a gas corporation to establish natural gas clean air programs that promote sustainability through increasing the use of natural gas or renewable natural gas that the commission determines are in the public interest, subject to the funding limits set forth in Subsection 54-20-105(3)(d). (4) For purposes of this section, and as pertaining to the transportation sector, "natural gas clean air program" means: (a) an incentive or program to support the use of natural gas, including renewable natural gas; (b) a program to improve air quality through the use of natural gas or renewable natural gas; and (c) does not include any program under Section 54-4-13.4. (5) A gas corporation proposing a natural gas clean air program for approval by the commission under Subsection (3) shall seek input from: (a) the Division of Public Utilities; (b) the Office of Consumer Services; and (c) any person that files a request for notice with the commission. (6) The commission may review the expenditure made by a gas corporation for a natural gas clean air program to determine if the gas corporation made the expenditure prudently in accordance with the purposes of the program. (7) If the commission approves a gas corporation's request under Subsection (3), the remaining costs may be spread to other customers of the gas corporation. (8) A natural gas clean air program under Section 54-4-13.1 shall be considered distinct and independent of Section 54-4-13.4.
Utah Code § 54-17-604 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-604
§ 54-17-604. Plans and reports.
Status: in_force

(1) An electrical corporation shall develop and maintain a plan for implementing Subsection 54-17-602(1), consistent with the cost-effectiveness criteria of Subsection 54-17-201(2)(c)(ii). (2) (a) A progress report concerning a plan under Subsection (1) for other than a cooperative association shall be filed with the commission by January 1 of each of the years 2010, 2015, 2020, and 2024. (b) For an electrical corporation that is a cooperative association, a progress report shall be filed with the cooperative association's board of directors by January 1 of each of the years 2010, 2015, 2020, and 2024. (3) The progress report under Subsection (2) shall contain: (a) the actual and projected amount of qualifying electricity through 2025; (b) the source of qualifying electricity; (c) (i) an analysis of the cost-effectiveness of clean energy sources for other than a cooperative association; or (ii) an estimate of the cost of achieving the target for an electrical corporation that is a cooperative association; (d) a discussion of conditions impacting the clean energy source and qualifying electricity markets; (e) any recommendation for a suggested legislative or program change; and (f) for other than a cooperative association, any other information requested by the commission or considered relevant by the electrical corporation. (4) The plan and progress report required by Subsections (1) and (2) may include procedures that will be used by the electrical corporation to identify and select any clean energy resource and qualifying electricity that satisfy the criteria of Subsection 54-17-201(2)(c)(ii). (5) By July 1, 2026, each electrical corporation shall file a final progress report demonstrating: (a) how Subsection 54-17-602(1) is satisfied for the year 2025; or (b) the reason why Subsection 54-17-602(1) is not satisfied for the year 2025, if it is not satisfied. (6) By January 1 of each of the years 2011, 2016, 2021, and 2025, the Division of Public Utilities shall submit to the Legislature a report containing a summary of any progress report filed under Subsections (2) through (5). (7) The summary required by Subsection (6) shall include any recommendation for legislative changes. (8) (a) By July 1, 2027, the commission shall submit to the Legislature a report summarizing the final progress reports and recommending any legislative changes. (b) The 2027 summary may contain a recommendation to the Legislature concerning any action to be taken with respect to an electrical corporation that does not satisfy Subsection 54-17-602(1) for 2025. (c) The commission shall provide an opportunity for public comment and take evidence before recommending any action to be taken with respect to an electrical corporation that does not satisfy Subsection 54-17-602(1) for 2025. (9) If a recommendation containing a penalty for failure to satisfy Subsection 54-17-602(1) is made under Subsection (8), the proposal shall require that any amount paid by an electrical corporation as a penalty be utilized to fund demand-side management for the retail customers of the electrical corporation paying the penalty. (10) A penalty may not be proposed under this section if an electrical corporation's failure to satisfy Subsection 54-17-602(1) is due to: (a) a lack of cost-effective means to satisfy the requirement; or (b) force majeure. (11) By July 1, 2026, an electrical corporation that is a cooperative association shall file a final progress report demonstrating: (a) how Subsection 54-17-602(1) is satisfied for the year 2025; or (b) the reason why Subsection 54-17-602(1) is not satisfied for the year 2025 if it is not satisfied. (12) The plan and any progress report file under this section by an electrical corporation that is cooperative association shall be publicly available at the cooperative association's office or posted on the cooperative association's website.
Utah Code § 54-21-503 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-503
§ 54-21-503. Application fees.
Status: in_force

(1) An authority may charge an application fee, if: (a) a similar fee is required for similar types of commercial development or construction within the authority's jurisdiction; (b) the costs to be recovered by an application fee are not already recovered by existing fees, rates, licenses, or taxes paid by the wireless provider; and (c) the fee does not include: (i) travel expenses incurred by a third party in review of an application; or (ii) payment or reimbursement of a third-party rate or fee charged on a contingency basis or a result-based arrangement. (2) Subject to Subsection (3), an application fee for collocation of a small wireless facility is limited to the cost of granting a building permit for similar types of commercial development or construction within the authority's jurisdiction. (3) An application fee for the collocation of a small wireless facility on an existing or replacement utility pole may not exceed $100 for each small wireless facility on the same application. (4) If the activity is a permitted use described in Section 54-21-204, an application fee may not exceed $250 per application to install, modify, or replace a utility pole associated with a small wireless facility. (5) If the activity is not a permitted use described in Section 54-21-204, an application fee may not exceed $1,000 per application to: (a) install, modify, or replace a utility pole; or (b) install, modify, or replace a new utility pole associated with a small wireless facility.
Utah Code § 54-17-301 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-301
§ 54-17-301. Review of integrated resource plan action plans.
Status: in_force

(1) As used in this part: (a) "Baseload capacity" means the amount of baseload power that electricity generation resources can reliably produce through continuous or nearly continuous operation. (b) "Baseload electricity resource" means an electricity generation resource that operates continuously or nearly continuously to maintain a stable power supply at the electricity generation resource's rated capacity. (c) "Baseload power" means the minimum amount of electric power continuously needed to meet basic system demand. (d) "Demand management program" means any incentive or technology designed to modify the timing or amount of customer electricity consumption. (e) "Expected deliverable energy" means the amount of electrical energy that a resource can reliably deliver to the grid based on historical performance data and operational constraints. (f) "Firming capacity" means the amount of electric power that electricity generation resources can produce, at the system operator's discretion, to reliably meet peak load and balance fluctuations in electrical demand or supply. (g) "Plant factor" means the same as that term is defined in Section 79-6-303. (h) "Resource adequacy program" means a program that establishes capacity contribution values for generation resources based on historical performance data. (i) (i) "Supplemental resource" means a utility asset or operational control required to maintain reliable power delivery when a variable energy resource is not operating at full capacity. (ii) "Supplemental resource" includes: (A) generation resources; (B) transmission resources; (C) energy balancing measures; and (D) market purchases. (j) "Variable capacity" means the amount of electric power that electricity generation resources can produce when operating on a variable basis due to elements outside of operator control. (k) "Variable energy resource" means an electricity generation facility that cannot consistently deliver power at the facility's rated capacity due to elements outside of the operator's control. (l) "Voluntary conservation program" means a program that: (i) provides customers financial incentives or cost-saving opportunities to reduce energy consumption; (ii) maintains the customer's control over the customer's energy usage decisions; and (iii) allows customers to opt out of any offered programs without restrictive penalties or length commitments. (2) An affected electrical utility shall file with the commission any action plan developed as part of the affected electrical utility's integrated resource plan to enable the commission to review and provide guidance to the affected electrical utility. (3) An affected electrical utility's action plan shall: (a) report baseload energy resources as baseload capacity, specifying the expected deliverable energy; (b) report variable energy resources as variable capacity, specifying the expected deliverable energy; (c) report energy storage systems, including batteries and other storage devices, as firming capacity; (d) report variable energy resources paired with energy storage as firming capacity, subject to the energy storage system requirements in Subsection (3)(g)(ii); (e) separately report any expected curtailment of baseload and variable energy resources resulting from regulations, costs, or demand constraints; and (f) attribute relevant costs of supplemental resources to the variable energy resources that necessitate the use of supplemental resources; (g) for generation capacity calculations: (i) exclude energy conservation measures and demand reduction programs; (ii) reflect actual delivery capability for energy storage systems, accounting for: (A) charging requirements; (B) duration limitations; and (C) seasonal performance variations in capacity and duration; and (iii) for variable energy resources, use: (A) capacity assumptions for long-term planning; and (B) capacity and plant factor values established by a resource adequacy program in which the affected electrical utility's resource adequacy participates. (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules providing a process for its review of an action plan. (b) The rules required under Subsection (4)(a) shall provide sufficient flexibility to permit changes in an action plan between the periodic filings of the affected electrical utility's integrated resource plan.
Utah Code § 54-8-13 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-13
§ 54-8-13. Assessment list to be prepared.
Status: in_force

After a decision is taken by a governing body to proceed with the district and project, it shall cause to be prepared an assessment list detailing the total amount to be assessed, the specific properties assessed, and the amount of assessment on each piece of property.
Utah Code § 54-17-303 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-303
§ 54-17-303. Cost recovery.
Status: in_force

(1) (a) Except as otherwise provided in this section, and excluding cost recovery for costs associated with proven dispatchable generation resources, which is governed by Section 54-17-1002, if the commission approves a significant energy resource decision under Section 54-17-302, the commission shall, in a general rate case or other appropriate commission proceeding, include in the affected electrical utility's retail electric rates the state's share of costs: (i) relevant to the proceeding; (ii) incurred by the affected electrical utility in constructing or acquiring the approved significant energy resource; and (iii) up to the projected costs specified in the commission's order issued under Section 54-17-302. (b) (i) The commission shall, in a general rate case or other appropriate commission proceeding, include in the affected electrical utility's retail electric rates the state's share of the incremental cost relevant to the proceeding that were prudently incurred by the affected electrical utility to identify, evaluate, and submit a reasonable benchmark option, whether or not the benchmark option is selected or becomes operational. (ii) A recoverable cost under Subsection (1)(b)(i) shall be included in the affected electrical utility's project costs for the purpose of evaluating the project's cost-effectiveness. (iii) A recoverable cost under Subsection (1)(b)(i) may not be added to the cost or otherwise considered in the evaluation of a project proposed by any person other than the affected electrical utility for the purpose of evaluating that person's proposal. (c) Except to the extent that the commission enters an order under Section 54-17-304, an increase from the projected costs specified in the commission's order issued under Section 54-17-302 shall be subject to review by the commission as part of a rate hearing under Section 54-7-12. (2) (a) Subsequent to the commission issuing an order described in Subsection (2)(a)(i) or (ii), the commission may disallow some or all costs incurred in connection with an approved significant energy resource decision if the commission finds that an affected electrical utility's actions in implementing an approved significant energy resource decision are not prudent because of new information or changed circumstances that occur after: (i) the commission's approval of the significant energy resource decisions under Section 54-17-302; or (ii) a commission order to proceed under Section 54-17-304. (b) In making a determination of prudence under Subsection (2)(a), the commission shall use the standards identified in Section 54-4-4. (3) Notwithstanding any other provision of this chapter, the commission may disallow some or all of the costs incurred by an affected electrical utility in connection with an approved significant energy resource decision upon a finding by the commission that the affected electrical utility is responsible for a material misrepresentation or concealment in connection with an approval process under this chapter.
Utah Code § 54-8b-2 — Utah Code / Title 54 / Chapter 54-8b / § 54-8b-2
§ 54-8b-2. Definitions.
Status: in_force

As used in this chapter: (1) "Access line" means a circuit-switched connection, or the functional equivalent of a circuit-switched connection, from an end-user to the public switched network. (2) (a) "Aggregator" means any person or entity that: (i) is not a telecommunications corporation; (ii) in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider; and (iii) receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider. (b) "Aggregator" may include any hotel, motel, hospital, educational institution, government agency, or coin or coinless telephone service provider so long as that entity qualifies under Subsection (2)(a). (3) "Basic residential service" means a local exchange service for a residential customer consisting of: (a) a single line with access to the public switched network; (b) touch-tone or the functional equivalent; (c) local flat-rate unlimited usage, exclusive of extended area service; (d) single-party service; (e) a free phone number listing in directories received for free; (f) access to operator services; (g) access to directory assistance; (h) access to lifeline and telephone relay assistance; (i) access to 911 and E911 emergency services; (j) access to long-distance carriers; (k) access to toll limitations services; (l) other services as may be determined by the commission; and (m) no feature. (4) "Certificate" means a certificate of public convenience and necessity issued by the commission authorizing a telecommunications corporation to provide specified public telecommunications services within a defined geographic service territory in the state. (5) "Division" means the Division of Public Utilities established in Section 54-4a-1. (6) "Essential facility or service" means any portion, component, or function of the network or service offered by a provider of local exchange services: (a) that is necessary for a competitor to provide a public telecommunications service; (b) that cannot be reasonably duplicated; and (c) for which there is no adequate economic alternative to the competitor in terms of quality, quantity, and price. (7) (a) "Feature" means a custom calling service available from the central office switch, including call waiting, call forwarding, three-way calling, and similar services. (b) "Feature" does not include long distance calling. (8) "Federal Telecommunications Act" means the Communications Act of 1934, as amended, and the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56. (9) "Incumbent telephone corporation" means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state. (10) "Intrastate telecommunications service" means any public telecommunications service in which the information transmitted originates and terminates within the boundaries of this state. (11) "Local exchange service" means the provision of telephone lines to customers with the associated transmission of two-way interactive, switched voice communication within the geographic area encompassing one or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. (12) "Mobile telecommunications service" means a mobile telecommunications service: (a) that is defined as a mobile telecommunications service in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124; and (b) in which the information transmitted originates and terminates in one state. (13) (a) "New public telecommunications service" means a service offered by a telecommunications corporation which that corporation has never offered before. (b) "New public telecommunications service" does not include: (i) a tariff, price list, or competitive contract that involves a new method of pricing any existing public telecommunications service; (ii) a package of public telecommunications services that includes an existing public telecommunications service; or (iii) a public telecommunications service that is a direct replacement for: (A) a fully regulated service; (B) an existing service offered pursuant to a tariff, price list, or competitive contract; or (C) an essential facility or an essential service. (14) "Operator assisted services" means services which assist callers in the placement or charging of a telephone call, either through live intervention or automated intervention. (15) "Operator service provider" means any person or entity that provides, for a fee to a caller, operator assisted services. (16) "Price-regulated service" means any public telecommunications service governed by Section 54-8b-2.3. (17) "Public switched network" means the same as that term is defined in 47 C.F.R. Sec. 20.3. (18) "Public telecommunications service" means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. (19) "Substantial compliance" with reference to a rule or order of the commission means satisfaction of all material obligations in a manner consistent with the rule or order. (20) "Telecommunications corporation" means any corporation or person, and their lessees, trustees, receivers, or trustees appointed by any court, owning, controlling, operating, managing, or reselling a public telecommunications service. (21) (a) "Total service long-run incremental cost" means the forward-looking incremental cost to a telecommunications corporation caused by providing the entire quantity of a public telecommunications service, network function, or group of public telecommunications services or network functions, by using forward-looking technology, reasonably available, without assuming relocation of existing plant and equipment. (b) The "long-run" means a period of time long enough so that cost estimates are based on the assumption that all inputs are variable.
Utah Code § 54-17-903 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-903
§ 54-17-903. Program requirement for a municipality or county.
Status: in_force

(1) (a) As used in this section, "renewable energy resource" means the same as the term "clean energy resource" is defined in Section 54-17-902. (b) Customers of a qualified utility may be served by the community clean energy program described in this part if the municipality or county satisfies the requirements of Subsection (2). (2) The municipality or county in which the customer resides shall: (a) enter into an agreement with a qualified utility: (i) with the stipulation of payment by the municipality or county to the qualified utility for the costs of: (A) third-party expertise contracted for by the division and the office, for assistance with activities associated with initial approval of the community clean energy program; and (B) providing notice to the municipality's or county's customers as provided in Section 54-17-905; (ii) determining the obligation for the payment of any termination charges under Subsection 54-17-905(3) that are not paid by a participating customer and not included in participating customer rates under Subsections 54-17-904(2) and (4); and (iii) identifying any initially proposed replaced asset; (b) adopt a local ordinance that: (i) establishes participation in the clean energy program; and (ii) is consistent with the terms of the agreement entered into with the qualified utility under Subsection (2)(a); and (c) comply with any other terms or conditions required by the commission. (3) The local ordinance required in Subsection (2)(b) shall be adopted by the municipality or county within 90 days after the date of the commission order approving the community clean energy program.
Utah Code § 54-23-105 — Utah Code / Title 54 / Chapter 54-23 / § 54-23-105
§ 54-23-105. Standard crossing fee.
Status: in_force

(1) Unless otherwise agreed by the parties, a fiber optic carrier that crosses a railroad right-of-way shall pay the railroad a one-time standard crossing fee of $1,250, adjusted as provided in Subsection (5), for each crossing. (2) (a) Except as otherwise provided in this chapter, the standard crossing fee is paid in lieu of any license, permit, application, processing fee, or any other fee or charge to reimburse the railroad for direct expenses incurred by the railroad as a result of the crossing. (b) Except as otherwise provided in this chapter, no other fee or charge related to the crossing may be assessed to the fiber optic carrier by the railroad. (3) In addition to the standard crossing fee, the fiber optic carrier shall also reimburse the railroad for any reasonable and necessary flagging expense associated with a crossing, based on the railroad traffic at the crossing. (4) (a) The placement of a single conduit is limited to a single applicant, and the conduit's contents are a single facility. (b) No additional fees are payable based on the individual fibers, wires, lines, or other items contained within a single conduit. (5) On January 1 of each year, the standard crossing fee under Subsection (1) shall be adjusted by multiplying the current standard crossing fee by the sum of: (a) one; and (b) the actual percent change of the consumer price index during the most recent 12-month period for which data is available.
Utah Code § 54-23-107 — Utah Code / Title 54 / Chapter 54-23 / § 54-23-107
§ 54-23-107. Objections -- petition to Public Service Commission by a fiber optic carrier.
Status: in_force

(1) (a) If a railroad imposes additional requirements on a fiber optic carrier for crossing the railroad's lines, other than the proposed crossing being a serious threat to the safe operations of the railroad or to the current or future use of the railroad right-of-way, a violation of any federal law or regulation applicable to a public transit district, or a violation of an agreement between a public transit district and the federal government, the fiber optic carrier may object to one or more of the requirements. (b) The fiber optic carrier shall provide written or electronic notice of the objection and the specific basis for the objection to the railroad. (2) (a) If the parties make good faith efforts to resolve the objection, and are unable to resolve the objection, either party may petition the commission for resolution or modification of the additional requirements. (b) The petition shall be filed within 60 days of receipt of the objection. (3) (a) If a petition is filed under Subsection (2), the commission shall determine, after notice and opportunity for hearing, whether special circumstances exist that necessitate additional requirements for the placement of the crossing. (b) The commission shall issue an order within 120 days of filing of the petition. (4) An order issued under Subsection (3) may be appealed in accordance with Chapter 7, Hearings, Practice, and Procedure. (5) The commission shall assess the costs associated with a petition equitably among the parties.
Utah Code § 54-8-29 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-29
§ 54-8-29. Jurisdiction over public utilities.
Status: in_force

Nothing contained in this chapter shall vest any jurisdiction over public utilities in the governing bodies. The Public Service Commission of Utah shall retain all jurisdiction now or hereafter conferred upon it by law.
Utah Code § 54-15-601 — Utah Code / Title 54 / Chapter 54-15 / § 54-15-601
§ 54-15-601. Portable solar generation device -- Exemptions -- Requirements.
Status: in_force

(1) A portable solar generation device that meets the requirements of this part: (a) is exempt from: (i) the interconnection requirements described in Section 54-15-106; and (ii) requirements to enter into an interconnection agreement under Section 54-15-103; and (b) is not subject to the net metering program requirements under this chapter. (2) A portable solar generation device shall include a device or feature that prevents the system from energizing the building's electrical system during a power outage. (3) An electrical corporation: (a) may not require a customer using a portable solar generation device to: (i) obtain the electrical corporation's approval before installing or using the system; (ii) pay any fee or charge related to the system; or (iii) install any additional controls or equipment beyond what is integrated into the system; and (b) is not liable for any damage or injury caused by a portable solar generation device.
Utah Code § 54-21-504 — Utah Code / Title 54 / Chapter 54-21 / § 54-21-504
§ 54-21-504. Authority pole collocation rate.
Status: in_force

The rate to collocate a small wireless facility on an authority pole is $50 per year, per authority pole.
Utah Code § 54-4-8 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-8
§ 54-4-8. Additions, improvements, extensions, repairs, or changes -- Apportioning costs.
Status: in_force

(1) (a) Whenever the commission shall find that additions, extensions, repairs, or improvements to or changes in the existing plant, equipment, apparatus, facilities, or other physical property of any public utility or of any two or more public utilities ought reasonably to be made, or that a new structure or structures ought to be erected to promote the security or convenience of its employees or the public or in any way to secure adequate service or facilities, the commission shall make and serve an order directing that such additions, extensions, repairs, improvements, or changes be made or such structure or structures be erected in the manner and within the time specified in the order. (b) If any additions, extensions, repairs, improvements, or changes, or any new structure or structures which the commission has ordered to be erected, require joint action by two or more public utilities, the commission shall notify the public utilities that the additions, extensions, repairs, improvements, or changes, or new structure or structures have been ordered and shall be made at their joint cost; whereupon the public utilities shall have reasonable time as the commission may grant within which to agree upon the portion or division of cost of the additions, extensions, repairs, improvements, or changes or any new structure or structures which each shall bear. (2) If at the expiration of the time in Subsection (1)(b) the public utilities shall fail to file with the commission a statement that an agreement has been made for division or apportionment of the cost or expense of the additions, extensions, repairs, improvements, or changes, or of the new structure or structures, the commission shall have authority, after further hearing, to make an order fixing the proportion of the cost or expense to be borne by each public utility and the manner in which the cost or expense shall be paid or secured.
Utah Code § 54-18-304 — Utah Code / Title 54 / Chapter 54-18 / § 54-18-304
§ 54-18-304. Review of land use application.
Status: in_force

(1) (a) A land use authority shall grant or deny a public utility's land use permit within 60 days after filing in accordance with the provisions of Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, and Title 17, Chapter 79, County Land Use, Development, and Management Act. (b) The Utility Facility Review Board may review a land use authority's land use permit decision in accordance with Title 54, Chapter 14, Part 3, Utility Facility Review Board. (2) Notwithstanding Subsection (1), if a public utility does not satisfy the notice of intent requirements in accordance with Section 54-18-301 and public workshop requirements in accordance with Section 54-18-302, a land use authority may withhold a decision on a public utility's land use permit until the public utility satisfies the notification and public workshop requirements.
Utah Code § 54-7-12.9 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-12.9
§ 54-7-12.9. Gross receipts tax decrease on electrical corporations -- Tariffs -- Procedure.
Status: in_force

(1) As used in this section: (a) (i) "electrical corporation" includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state, that: (A) pays property taxes under Title 59, Chapter 2, Property Tax Act; and (B) is subject to rate regulation by the commission; and (ii) "electrical corporation" does not include independent energy producers, or electricity that is generated on or distributed by the producer solely for the producer's own use, the use of the producer's tenants, or for the use of members of an association of unit owners formed under Title 57, Chapter 8, Condominium Ownership Act, and not for sale to the public generally; and (b) "gross receipts tax" means the tax: (i) imposed by Title 59, Chapter 8a, Gross Receipts Tax on Electrical Corporations Act; and (ii) repealed by Laws of Utah 2006, Chapter 221, Section 5. (2) An electrical corporation shall: (a) file new tariffs with the commission on or before July 31, 2006 as part of its 2006 general rate case revenue requirement: (i) reflecting the decrease in the electrical corporation's rates as a result of the repeal of the gross receipts tax by Laws of Utah 2006, Chapter 221, Section 5; and (ii) spreading the amount of the decrease described in Subsection (2)(a)(i) among all classes of the electrical corporation's customers on the same basis that the gross receipts tax was allocated to each class of the electrical corporation's customers under the rates effective on the day on which the rate determined by the commission take effect under the electrical corporation's 2006 general rate case filed on or before September 1, 2006; and (b) on or before the day on which the electrical corporation files new tariffs with the commission under Subsection (2)(a), file with the commission a complete report of the calculation of the allocation required by this section.
Utah Code § 54-8-12 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-12
§ 54-8-12. Property owners failing to appear at hearings -- Waiver of rights.
Status: in_force

Every person who has real property within the boundaries of the district and who fails to appear before the governing body at the hearing and make any objection the property owner may have to the creation of the district, the making of the improvements and the inclusion of the owner's real property in the district, shall be deemed to have waived every such objection. Such waiver shall not, however, preclude the property owner's right to object to the amount of the assessment at the hearing for which provision is made in Section 54-8-17.
Utah Code § 54-17-902 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-902
§ 54-17-902. Definitions.
Status: in_force

As used in this part: (1) (a) "Auxiliary services" means those services necessary to safely and reliably: (i) interconnect and transmit electric power from any clean energy resource constructed or acquired for a community clean energy program; and (ii) integrate and supplement electric power from any clean energy resource. (b) "Auxiliary services" shall include applicable Federal Energy Regulatory Commission requirements governing transmission and interconnection services. (2) "Clean electric energy supply" means incremental clean energy resources that are developed to meet the annual electric energy consumption of participating customers within a participating community. (3) "Clean energy resource" means: (a) electric energy generated by a source that is naturally replenished and includes one or more of the following: (i) wind; (ii) solar photovoltaic or thermal solar technology; (iii) a geothermal resource; or (iv) a hydroelectric plant including a pumped storage hydropower facility; (b) use of an energy efficient and sustainable technology the commission has approved for implementation that: (i) increases efficient energy usage; (ii) is capable of being used for demand response; (iii) facilitates the use and development of clean generation resources through electrical grid management or energy storage; or (iv) uses carbon capture utilization and sequestration; or (c) energy derived from nuclear fuel. (4) "Commission" means the Public Service Commission created in Section 54-1-1. (5) "Community clean energy program" means the program approved by the commission under Section 54-17-904 that allows a qualified utility to provide electric service from one or more clean energy resources to a participating customer within a participating community. (6) "County" means the unincorporated area of a county. (7) "Division" means the Division of Public Utilities created in Section 54-4a-1. (8) (a) "Initial opt-out period" means the period of time immediately after the community clean energy program's commencement, as established by the commission by rule made pursuant to Section 54-17-909, during which a participating customer may elect to leave the program without penalty. (b) "Initial opt-out period" may not be shorter than three typical billing cycles of the qualified utility. (9) "Municipality" means a city or a town as defined in Section 10-1-104. (10) "Office" means the Office of Consumer Services created in Section 54-10a-101. (11) "Ongoing costs" means the costs allocated to the state for transmission and distribution facilities, retail services, and generation assets that are not replaced assets. (12) "Participating community" means a municipality or a county: (a) whose residents are served by a qualified utility; and (b) the municipality or county meets the requirements in Section 54-17-903. (13) "Participating customer" means: (a) a customer of a qualified utility located within the boundary of a municipality or county where a community clean energy program has been approved by the commission; and (b) the customer has not exercised the right to not participate in the community clean energy program as provided in Section 54-17-905. (14) "Qualified utility" means the same as that term is defined in Section 54-17-801. (15) "Replaced asset" means an existing thermal energy resource: (a) that was built or acquired, in whole or in part, by a qualified utility to serve the qualified utility's customers, including customers within a participating community; (b) that was built or acquired prior to commission approval and the effective date of the community clean energy program; and (c) to the extent the asset is no longer used to serve participating customers.
Utah Code § 54-8a-10.5 — Utah Code / Title 54 / Chapter 54-8a / § 54-8a-10.5
§ 54-8a-10.5. Installation and location of sewer lateral cleanouts -- Records.
Status: in_force

(1) (a) An operator or person installing or replacing a sewer lateral cleanout beginning August 1, 2009 shall install or replace the sewer lateral cleanout in a manner so that the lateral can be located, including: (i) house sheets; or (ii) electronic markers. (b) An operator or person installing a sewer lateral cleanout shall notify the sewer operator of the sewer lateral cleanout location for record keeping purposes. (2) Beginning on August 1, 2009, a sewer operator shall maintain records identifying where all new, replaced, or contractor-identified sewer lateral cleanouts are located within the sewer operator's jurisdiction. (3) (a) A sewer operator shall provide to an excavator information in the sewer operator's possession pertaining to a sewer lateral cleanout location within the sewer operator's jurisdiction. (b) The sewer operator shall provide the information within 48 hours of the excavator's request.
Utah Code § 54-14-301 — Utah Code / Title 54 / Chapter 54-14 / § 54-14-301
§ 54-14-301. Creation, purpose, and composition of board.
Status: in_force

(1) The Utility Facility Review Board is created to resolve disputes between local governments and public utilities regarding the siting and construction of facilities as provided in this part. (2) The board shall be composed of: (a) the three members of the commission; (b) an individual appointed by the governor from a list of nominees of the Utah League of Cities and Towns; and (c) an individual appointed by the governor from a list of nominees of the Utah Association of Counties. (3) The chair of the commission shall serve as chair of the board. (4) Members of the commission shall serve as members of the board during their terms of office as commissioners and until their successors on the commission have been appointed and taken office. (5) (a) Members of the board who are not commissioners: (i) shall have four-year terms, except the initial term of the individual first appointed by the governor from nominees of the Utah Association of Counties shall be two years; (ii) may be appointed for one succeeding term; and (iii) may continue to serve until their successor takes office. (b) Vacancies in the board of members who are not commissioners shall be filled for the unexpired term. (6) Three members of the board constitute a quorum. (7) A member of the board may be removed for cause by the governor. (8) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 54-7-24 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-24
§ 54-7-24. Injunction to stop violations or threatened violations.
Status: in_force

Whenever the commission, or the Department of Transportation where the safety of public carriers is involved, shall be of the opinion that any public utility is failing or omitting, or is about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction or requirement of the commission, or where applicable, the department, or is doing anything, or is about to do anything, or is permitting anything, or is about to permit anything, to be done, contrary to or in violation of law or of any order, decision, rule, direction or requirement of the commission or department, it shall direct the commencement of an action or proceeding in the name of the state, for the purpose of having such violations or threatened violations stopped or prevented.
Utah Code § 54-24-301 — Utah Code / Title 54 / Chapter 54-24 / § 54-24-301
§ 54-24-301. Utah fire funds -- Creation -- Sources of funding.
Status: in_force

(1) As used in this part: (a) (i) "Eligible payment" means an amount owed by a large-scale electric utility to a third party in the state that exceeds the large-scale electric utility's applicable insurance coverage, including self-insurance. (ii) "Eligible payment" includes amounts owed as a result of: (A) a settlement agreement resolving economic damages arising out of a fire claim; or (B) economic damages awarded in a finally adjudicated fire claim. (iii) "Eligible payment" does not include an amount for damages to infrastructure owned by a large-scale electric utility caused by a fire event. (b) "Fire event" means any unplanned or uncontrolled fire in the state alleged to have been caused by an electrical corporation. (c) "Fire claim" means any claim, whether based on negligence, nuisance, trespass, or any other claim for relief, brought by a non-governmental person against an electrical corporation in any civil action to recover for damage resulting from a fire event. (d) "Inflation" means the seasonally adjusted Consumer Price Index for all urban consumers as published by the Bureau of Labor Statistics of the United States Department of Labor. (e) "Utah fire fund" means a fund that may be created under this section by a large-scale electric utility to serve as a resource to supplement other forms of insurance to make eligible payments. (2) (a) A large-scale electric utility may create a Utah fire fund by filing notice with the commission. (b) The creation of a Utah fire fund under this section does not: (i) establish an exclusive fund for payment of eligible claims; or (ii) prohibit a large-scale electric utility from proposing, or the commission from approving, other mechanisms for third party liability coverage that are in the public interest. (3) A Utah fire fund shall consist of: (a) a reasonable and prudent fire surcharge that a large-scale electric utility may charge to the large-scale electric utility customers, as approved by the commission in a rate case, to be collected over a 10-year period from the date of the commission's approval of the Utah fire fund; (b) investment income from money in the fund; and (c) other amounts deposited into the fund as otherwise required by law. (4) The commission shall approve a large-scale electric utility's request to create a Utah fire fund for a large-scale electric utility if the large-scale electric utility demonstrates to the commission's satisfaction: (a) that the fund: (i) is in the public interest; (ii) supports the financial health of the large-scale electric utility; and (iii) maintains or improves the large-scale electric utility's ability to deliver safe and reliable services; (b) that the fire surcharge does not result in an increase over current rates: (i) for all customers, more than 4.95%; and (ii) for an average residential customer more than $3.70 a month. (5) Notwithstanding any other provision of law, a Utah fire fund created under this part may not be used for payments related to any fire or property damage claim originating or occurring outside of the state.
Utah Code § 54-17-1101 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1101
§ 54-17-1101. Advanced transmission technologies.
Status: in_force

(1) As used in this section: (a) "Advanced transmission technology" means a technology that increases the capacity, efficiency, or reliability of electric transmission infrastructure. (b) "Advanced transmission technology" includes: (i) technology that dynamically adjusts the rated capacity of transmission lines based on real-time conditions; (ii) advanced power flow controls used to actively control the flow of electricity across transmission lines to optimize usage and relieve congestion; (iii) software and hardware used to identify optimal transmission grid configurations and enable routing power flows around congestion points; (iv) advanced transmission line conductors that increase the power transfer capacity of transmission lines; and (v) energy storage technologies that facilitate energy storage during times of excess generation and discharge of stored energy during times of high demand to support transmission system operation. (2) In an integrated resource plan filing, a general rate case, or other proceeding in which a large-scale electric utility proposes additions or expansions to the transmission system, the large-scale electric utility shall: (a) analyze: (i) the cost effectiveness and timetable for deployment of advanced transmission technologies as an alternative strategy to meet electric system needs; and (ii) whether the technologies would: (A) increase transmission capacity; (B) increase transmission efficiency; (C) reduce transmission system congestion; (D) reduce curtailment of energy generation resources; (E) increase reliability; (F) reduce the risk of igniting wildfire; (G) increase resiliency; and (H) increase capacity to connect new energy resources; and (b) include the analysis described in Subsection (2)(a) in the filing to the commission. (3) (a) The commission shall encourage the large-scale electric utility to include deployment of advanced transmission technologies in an integrated resource plan. (b) A large-scale electric utility shall include a summary of its existing and planned advanced transmission technologies in each integrated resource plan filed with the commission. (4) If the commission determines, based on the analysis provided by the large-scale electric utility under Subsection (2)(a), that the deployment of advanced transmission technologies is cost effective, the commission shall approve the large-scale utility's recovery of the prudently incurred costs of the advanced transmission technologies.
Utah Code § 54-17-1206 — Utah Code / Title 54 / Chapter 54-17 / § 54-17-1206
§ 54-17-1206. Severability.
Status: in_force

If any provision of this part or the application of any provision to any person or circumstance is held invalid, the remainder of this part shall be given effect without the invalid provision or application.
Utah Code § 54-10a-203 — Utah Code / Title 54 / Chapter 54-10a / § 54-10a-203
§ 54-10a-203. Attorney general to represent office.
Status: in_force

(1) The attorney general shall assign at least one attorney to the office to represent the office. (2) An attorney assigned to the office under Subsection (1) shall represent the office at a hearing or other proceeding affecting the services, rates, or charges of an applicable public utility. (3) An attorney assigned to the office may prosecute an action that the office considers necessary to enforce the rights of residential consumers and small commercial consumers of an applicable public utility.
Utah Code § 54-8-20 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-20
§ 54-8-20. Assessments -- Failure to pay installment -- Interest and penalties -- Lien on property -- Sale of property -- Disposition of proceeds.
Status: in_force

The failure to pay any installment and any interest thereon when due shall ipso facto cause all other installments and the interest thereon to become due and payable and the governing body shall, within 30 days from the date of such default, proceed against the property for the collection of the total amount due thereon, including interest plus 10% additional on unpaid principal and interest as penalties and costs of collection. Special assessments levied hereunder shall rank on an equality with taxes levied against the property assessed by the state, the county and all other taxing districts, and no sale of property for the nonpayment of taxes or other special assessments shall extinguish the lien of other than the taxes or special assessments for the nonpayment of which such sale is had. The proceeds of the sale of any property for nonpayment of special assessments shall be applied in the discharge of such assessments, the interest thereon, costs and penalties. If there are outstanding any special improvement bonds issued pursuant to the improvement in question, proceeds of the sale of any property for nonpayment of any special assessments shall after the payment therefrom of the costs of collection be applied to the costs of redemption prior to maturity of as many of the outstanding special improvement bonds as can be retired with the amount available. Any surplus remaining after the payment of amounts due shall be paid over to the owner of the property sold. The lien of special assessments levied hereunder shall be superior to all other liens against the property assessed except that it shall be on a parity with the lien of ad valorem taxes and a lien of other special assessments and shall be effective from and after the date upon which the resolution levying the assessments is adopted.
Utah Code § 54-1-5 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-5
§ 54-1-5. Office and office hours.
Status: in_force

The office of the commission shall be at the state capital in such rooms in the capitol or in such other public building as shall be assigned to it, and such office shall be open for business between the hours of 9 a.m. and 5 p.m. each business day in the year; one or more responsible persons, to be designated by the commission or by the secretary under the direction of the commission, shall be on duty at such times in immediate charge thereof.
Utah Code § 54-4a-6 — Utah Code / Title 54 / Chapter 54-4a / § 54-4a-6
§ 54-4a-6. Objectives.
Status: in_force

In the performance of the duties, powers, and responsibilities committed to it by law, the Division of Public Utilities shall act in the public interest in order to provide the Public Service Commission with objective and comprehensive information, evidence, and recommendations consistent with the following objectives: (1) promote the safe, healthy, economic, efficient, and reliable operation of all public utilities and their services, instrumentalities, equipment, and facilities; (2) provide for just, reasonable, and adequate rates, charges, classifications, rules, regulations, practices, and services of public utilities; (3) make the regulatory process as simple and understandable as possible so that it is acceptable to the public; feasible, expeditious, and efficient to apply; and designed to minimize controversies over interpretation and application; (4) for purposes of guiding the activities of the Division of Public Utilities, the phrase "just, reasonable, and adequate" encompasses, but is not limited to the following criteria: (a) maintain the financial integrity of public utilities by assuring a sufficient and fair rate of return; (b) promote efficient management and operation of public utilities; (c) protect the long-range interest of consumers in obtaining continued quality and adequate levels of service at the lowest cost consistent with the other provisions of Subsection (4). (d) provide for fair apportionment of the total cost of service among customer categories and individual customers and prevent undue discrimination in rate relationships; (e) promote stability in rate levels for customers and revenue requirements for utilities from year to year; and (f) protect against wasteful use of public utility services.
Utah Code § 54-19-101 — Utah Code / Title 54 / Chapter 54-19 / § 54-19-101
§ 54-19-101. Title.
Status: in_force

This chapter is known as "Regulation of Internet Protocol Services."
Utah Code § 54-9-104 — Utah Code / Title 54 / Chapter 54-9 / § 54-9-104
§ 54-9-104. Joint owners to supply materials, arrange for own financing, and share in costs and taxes -- Public power entity authority to finance through financing agent -- Common facilities owners authority to appoint an agent.
Status: in_force

(1) The joint owners of the common facilities shall supply the materials and make the payments provided for in the agreement. (2) Each owner shall arrange its own funding and financing and be responsible for all the costs, interest, and payments required in connection with its share of the funding for the planning, acquisition, construction, operation, repairs, and improvements, and each participant shall pay its share of taxes or charges in lieu of taxes in connection with the common facilities. (3) Notwithstanding any other provision of this section, a public power entity may finance its funding share with one or more other owners through a financing agent, as long as no public power entity is liable for more than its proportionate share of the debt service with respect to the financing. (4) (a) The owners of common facilities may appoint as their agent: (i) a public power entity or power utility that owns an interest in common facilities; (ii) an interlocal entity of which a public power entity that owns an interest in the common facilities is a member; (iii) an interlocal entity that owns electric generation or transmission facilities that are located on a site adjacent to the common facilities; or (iv) a public agency that is an owner of the common facilities or that purchases power from a public agency that is an owner of the common facilities. (b) One or more agents under Subsection (4)(a) may be appointed, as determined by the owners of the common facilities, for one or more of the following purposes: (i) the construction, repair, administration, operation, or maintenance of the common facilities; (ii) the administration and payment of, and any challenge or dispute regarding, any tax, fee in lieu of any tax, impact alleviation payment, or other fee or payment imposed by the state or a political subdivision of the state that relates to the common facilities; or (iii) the financing of all or part of the common facilities under Subsection (3).
Utah Code § 54-7-5 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-5
§ 54-7-5. Orders and certificates to be in writing and entered on records of commission -- Recordation.
Status: in_force

Every order, authorization or certificate issued or approved by the commission under any provision of this title shall be in writing and entered on the records of the commission. Any such order, authorization or certificate, or a copy thereof or a copy of the record of any such order, authorization or certificate certified by a commissioner or by the secretary or the assistant secretary under the official seal of the commission to be a true copy of the original, may be recorded in the office of the recorder of any county in which is located the principal place of business of any public utility affected thereby or in which is situated any property of any such public utility, and such record shall impart notice of its provisions to all persons. A certificate under the seal of the commission that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same manner and with like effect.
Utah Code § 54-4-19 — Utah Code / Title 54 / Chapter 54-4 / § 54-4-19
§ 54-4-19. Right to enter upon public utility premises.
Status: in_force

The commissioners and officers and employees of the commission and the Department of Transportation, where public carriers are involved, shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests and exercising any of the other powers provided for in this title and to set up and use on such premises any apparatus and appliances necessary therefor. The agents and employees of such public utility shall have the right to be present at the making of such examinations and tests.
Utah Code § 54-7-17 — Utah Code / Title 54 / Chapter 54-7 / § 54-7-17
§ 54-7-17. Stay of commission's order or decision pending appeal.
Status: in_force

(1) A petition for judicial review does not stay or suspend the operation of the order or decision of the commission. (2) (a) The court may stay or suspend, in whole or in part, the operation of the commission's order or decision after at least three days' notice and after a hearing. (b) If the court stays or suspends the order or decision of the commission, the order shall contain a specific finding, based upon evidence submitted to the court and identified by reference, that: (i) great or irreparable damage will result to the petitioner absent suspension or a stay of the order; and (ii) specifies the nature of the damage. (3) (a) The court's order staying or suspending the decision of the commission is not effective until a supersedeas bond is executed, filed with, and approved by the commission (or approved, on review, by the court). (b) The bond shall be payable to the state, and shall be sufficient in amount and security to insure the prompt payment by the party petitioning for the review of: (i) all damages caused by the delay in the enforcement of the order or decision of the commission; and (ii) all money that any person or corporation is compelled to pay, pending the review proceedings, for transportation, transmission, product, commodity, or service in excess of the charges fixed by the order or decision of the commission. (c) Whenever necessary to insure the prompt payment of damages and any overcharges, the court may order the party petitioning for a review to give additional security or to increase the supersedeas bond. (4) (a) When the court stays or suspends the order or decision of the commission in any matter affecting rates, fares, tolls, rentals, charges, or classifications, it shall order the public utility affected to pay into court, or into some bank or trust company paying interest on deposits, all sums of money collected by the public utility that are greater than the sum a person would have paid if the order or decision of the commission had not been stayed or suspended. (b) (i) Upon the final decision by the court, the public utility shall refund all money collected by it that exceeds the amount authorized by the court's final decision, together with interest if the money was deposited in a bank or trust company, to the persons entitled to the refund. (ii) The commission shall prescribe the methods for distributing the refund. (c) (i) If any of the refund money has not been claimed within one year from the final decision of the court, the commission shall publish notice of the refund: (A) (I) once per week for two successive weeks in a newspaper of general circulation printed and published in the city and county of Salt Lake; and (II) in any other newspapers that the commission designates; and (B) in accordance with Section 45-1-101 for two successive weeks. (ii) The notice shall state the names of the persons entitled to the money and the amount due each person. (iii) All money not claimed within three months after the publication of the notice shall be paid by the public utility into the General Fund. (5) When the court stays or suspends any order or decision lowering any rate, fare, toll, rental, charge, or classification, after the execution and approval of the supersedeas bond, the commission shall order the public utility affected to keep accounts, verified by oath, that show: (a) the amounts being charged or received by the public utility; and (b) the names and addresses of the persons to whom overcharges will be refundable.
Utah Code § 54-1-6 — Utah Code / Title 54 / Chapter 54-1 / § 54-1-6
§ 54-1-6. Employment of staff -- Status and compensation -- Employees not to be parties or witnesses and may not appeal commission decisions.
Status: in_force

(1) The annual budget of the Public Service Commission shall provide sufficient funds for the commission to hire, develop, and organize an advisory staff to assist the commission in performing the powers, duties, and functions committed to it by statute. (a) The commission may hire: (i) economists, accountants, engineers, statisticians, lawyers, law clerks, and other professional and technical experts; (ii) court reporters, transcribers of tape recordings, clerks, secretaries, and other administrative and support staff; (iii) additional experts as required for a particular matter; and (iv) administrative law judges, who shall be members of the Utah State Bar, and constitute a separate organizational unit reporting directly to the commission. (b) The commission may provide for funds in the annual budget to acquire suitable electronic recording equipment to maintain a verbatim record of proceedings before the commission, any commissioner, or any administrative law judge. (2) (a) With the exception of clerical workers in nonconfidential positions, all staff of the Public Service Commission are exempt employees under the State Personnel Management Act and serve at the pleasure of the commission. (b) Administrative law judges are exempt employees under the State Personnel Management Act and may only be removed from office upon due notice and by a unanimous vote of the commission. (c) (i) The Division of Human Resource Management shall determine pay schedules using standard techniques for determining compensation. (ii) The Division of Human Resource Management may make the division's compensation determinations based upon compensation practices common to utility companies throughout the United States. (3) (a) The staff or other employees of the commission may not appear as parties or witnesses in any proceeding before the commission, any commissioner, or any administrative law judge. (b) The staff or other employees of the commission may not appeal any finding, order, or decision of the commission.
Utah Code § 54-4a-1 — Utah Code / Title 54 / Chapter 54-4a / § 54-4a-1
§ 54-4a-1. Establishment of division -- Functions.
Status: in_force

(1) There is established within the Department of Commerce a Division of Public Utilities that may: (a) commence original proceedings, file complaints, appear as a party, present factual information and evidence, examine witnesses, advocate policy recommendations, commence appeals, otherwise participate in proceedings before the Public Service Commission, and engage in all other activities consistent with its statutory responsibilities; (b) commence original proceedings, file complaints, appear as a party, appeal, and otherwise represent the public interest in matters and proceedings involving regulation of a public utility pending before any officer, department, board, agency, commission, governmental authority, or court of Utah, of another state, or of the United States, and may intervene in, protest, resist, or advocate the granting, denial, or modification of any petition, application, complaint, or other proceeding, or any decision or order of any of those governmental authorities; (c) investigate or study, upon complaint, upon order of the Public Service Commission, or upon its own initiative, any matter within the jurisdiction of the commission; (d) conduct audits and inspections, or take enforcement actions regarding any matter within the jurisdiction of the commission in order to insure compliance with decisions, orders, and policies of the Public Service Commission, either upon order of the commission or upon its own initiative; (e) require any person or entity subject to the jurisdiction of the Public Service Commission to: (i) provide information, reports, and other data compilations relevant to matters within the jurisdiction of the commission; (ii) provide access to inspect and copy records and other data compilations relevant to matters within the jurisdiction of the commission; (iii) permit inspection of properties and tangible things used in providing public utility service; and (iv) engage in other methods of discovery authorized by the commission; (f) receive complaints from any person or entity regarding matters within jurisdiction of the Public Service Commission; (g) review applications filed with the Public Service Commission and present recommendations to the commission on the disposition of those applications; (h) make recommendations regarding public utility regulatory policy and long-range planning on matters within the jurisdiction of the Public Service Commission; and (i) engage in settlement negotiations and make stipulations or agreements regarding matters within the jurisdiction of the Public Service Commission. (2) (a) Any investigations, studies, audits, inspections, enforcement actions, or requests for discovery of information pursuant to Subsection (1)(c), (d), or (e), shall be preceded by reasonable advance notice to the person or entity against whom investigation, study, audit, inspection, enforcement, or discovery is sought. (b) The targeted person or entity may require that a complaint or other formal proceeding be instituted with the Public Service Commission prior to the commencement of the investigation, study, audit, inspection, enforcement, or discovery by the division pursuant to Subsection (1)(c), (d), or (e). (3) Any settlements, stipulations, or other forms of compromise or agreement negotiated by the division shall be approved by the commission before becoming effective.
Utah Code § 54-8-6 — Utah Code / Title 54 / Chapter 54-8 / § 54-8-6
§ 54-8-6. Creation of improvement district -- Petition by property owners -- Resolution of governing body -- Utilities to submit reports.
Status: in_force

(1) (a) A governing body may, upon a petition signed by two-thirds of the owners of the real property and the owners of not less than two-thirds in value of the real property, as shown by the last assessment rolls, of any proposed district requesting the creation of an improvement district as provided for in this chapter, pass a resolution at any regular or special meeting declaring that it finds that the improvement district proposed is in the public interest. (b) In order to pass a resolution under Subsection (1)(a), the governing body shall determine that the formation of the local improvement district for the purposes set out in this chapter will promote the public convenience, necessity, and welfare. (2) Each resolution adopted under Subsection (1) shall: (a) state that the costs and expenses will be levied and assessed upon the property benefitted; (b) request that each public utility corporation serving such area by overhead electric or communication facilities shall, within 120 days after the receipt of the resolution, make a study of the cost of conversion of its facilities in such area to underground service; and (c) require that the public utilities be provided with the name and address of the owner of each parcel or lot within the proposed improvement district, if known, and, if not known, the description of the property and other matters required by the public utility corporations in order to perform the work involved in the cost study. (3) Each public service corporation serving the improvement district area by overhead electric or communication facilities shall: (a) within 120 days after receipt of the resolution, make a study of the costs of conversion of its facilities in the district to underground service; and (b) provide the governing body and make available to its office a report, prepared jointly with each other public service corporation serving the improvement district area by overhead electric or communication facilities, as to the results of the study. (4) The governing body shall make each report under Subsection (3) available in its office to each owner of land within the improvement district.