reglab/housing_qa huggingface dataset:
UT Code § 54-17-102 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 1 - General Provisions|Section 102 - Definitions.

54-17-102. Definitions.  As used in this chapter:  (1) "Affected electrical utility" means an electrical corporation with at least 200,000 retail customers in the state.     (2) "Benchmark option" means an energy resource against which bids in an open bid process may be evaluated that:   (a) could be constructed or owned by:   (i) an affected electrical utility; or     (ii) an affiliate of an affected electrical utility; or       (b) may be a purchase of:   (i) electricity;     (ii) electric generating capacity; or     (iii) electricity and electric generating capacity.         (3) "Integrated resource plan" means a plan that contains:   (a) the demand and energy forecast by the affected electrical utility for at least a ten-year period;     (b) the affected electrical utility's options for meeting the requirements shown in its load and resource forecast in an economic and reliable manner, including:   (i) demand-side and supply-side options; and     (ii) a brief description and summary cost-benefit analysis, if available, of each option that was considered;       (c) the affected electrical utility's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service;     (d) a description of the external environmental and economic consequences of the plan to the extent practicable; and     (e) any other data and analyses as the commission may require.       (4) "Significant energy resource" for an affected electrical utility means a resource that consists of:   (a) a total of 100 megawatts or more of new generating capacity that has a dependable life of 10 or more years;     (b) a purchase of the following if the contract is for a term of 10 or more years and not less than 100 megawatts:   (i) electricity;     (ii) electric generating capacity; or     (iii) electricity and electrical generating capacity;       (c) the purchase or lease by an affected electrical utility from an affiliated company of:   (i) a generating facility;     (ii) electricity;     (iii) electrical generating capacity; or     (iv) electricity and electrical generating capacity;       (d) a contract with an option for the affected electrical utility or an affiliate to purchase a resource that consists of not less than 100 megawatts or more of new generating capacity that has a remaining dependable life of 10 or more years; or     (e) a type of resource designated by the commission as a significant energy resource in rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, after considering the affected electrical utility's integrated resource plan and action plan.       (5) "Solicitation" means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource.    Amended by Chapter 382, 2008 General Session
UT Code § 54-17-103 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 1 - General Provisions|Section 103 - Rulemaking.

54-17-103. Rulemaking.    (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission:   (a) shall make rules when required by this chapter; and     (b) in addition to the rules required under Subsection (1)(a), may make rules necessary for the implementation of this chapter.       (2) Notwithstanding a requirement that the commission make rules, the commission may take action under this chapter before the commission makes a required rule including:   (a) approving a solicitation process under Part 2, Solicitation Process;     (b) approving a significant energy resource under Section 54-17-302;     (c) issuing an order under Section 54-17-304 regarding whether an affected electrical utility should proceed with implementing a significant energy resource decision;     (d) approving an energy resource under Section 54-17-402; or     (e) issuing an order under Section 54-17-404 regarding whether an energy utility should proceed with implementing a resource decision.      Amended by Chapter 382, 2008 General Session
UT Code § 54-17-202 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 2 - Solicitation Process|Section 202 - Requirements for solicitation.

54-17-202. Requirements for solicitation.    (1) The commission shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, outlining the requirements for a solicitation process. The rules required by this Subsection (1) shall include:   (a) the type of screening criteria an affected electrical utility may use in a solicitation process including the risks an affected electrical utility may consider;     (b) the required disclosures by an affected electrical utility if a solicitation includes a benchmark option;     (c) the required disclosures by an affected electrical utility related to the methodology the affected electrical utility uses to evaluate bids; and     (d) the participation of an independent evaluator in a manner consistent with Section 54-17-203.       (2) If an affected electrical utility is subject to regulation in more than one state regarding the acquisition, construction, or cost recovery of a significant energy resource, in making the rules required by Subsection (1), the commission may consider the impact of the multistate regulation including requirements imposed by other states as to:   (a) the solicitation process;     (b) cost recovery of resources; and     (c) methods by which the affected electrical utility may be able to mitigate the potential for cost disallowances.      Amended by Chapter 382, 2008 General Session
UT Code § 54-17-203 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 2 - Solicitation Process|Section 203 - Independent evaluator.

54-17-203. Independent evaluator.    (1)   (a) The commission shall:   (i) appoint an independent evaluator to monitor any solicitation conducted by an affected electrical utility under this chapter; and     (ii) oversee or direct the division to oversee the independent evaluator in monitoring any solicitation conducted by an affected electrical utility under this chapter.       (b) The commission, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall make rules setting the qualifications of an independent evaluator.       (2) The commission shall determine the method used to pay the fees and expenses for the independent evaluator which may include:   (a) the payment of a bid fee by bidders to a solicitation; or     (b)   (i) requiring the affected electrical utility to pay the fees and expenses; and     (ii) permitting an affected electrical utility to recover the amounts paid under this Subsection (2)(b).         (3)   (a) The independent evaluator may not make the decision as to which bid should be awarded under the solicitation.     (b) The independent evaluator shall:   (i) actively monitor the solicitation process for fairness and compliance with commission rules;     (ii) report regularly to:   (A) the commission; and     (B) others as directed by the commission;       (iii) develop one or more reports addressing:   (A) the solicitation process;     (B) any concerns of the independent evaluator related to the solicitation process; and     (C) the ultimate results of the solicitation process, including the opinions and conclusions of the independent evaluator;       (iv) provide ongoing input regarding issues, concerns, and improvements in the solicitation process with the objective of correcting ongoing deficiencies in the solicitation process to the following:   (A) the commission;     (B) the affected electrical utility; and     (C) others as directed by the commission;       (v) render an opinion as to whether:   (A) the solicitation process is:   (I) fair; and     (II) in compliance with this part; and       (B) any modeling used by the affected electrical utility to evaluate bids is sufficient;       (vi) testify in any proceeding under Section 54-17-302; and     (vii) perform other functions and provide other input and reports as the commission may direct, including periodic presentations to interested parties regarding the solicitation process.        Amended by Chapter 382, 2008 General Session
UT Code § 54-17-301 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 3 - Resource Plans and Significant Energy Resource Approval|Section 301 - Review of integrated resource plan action plans.

54-17-301. Review of integrated resource plan action plans.    (1) 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.     (2)   (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 (2)(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.      Amended by Chapter 382, 2008 General Session
UT Code § 54-17-401 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 4 - Voluntary Request for Resource Decision Review|Section 401 - Definitions -- Rules.

 Effective 3/2/2020  54-17-401. Definitions -- Rules.    (1) As used in this part:   (a) "Energy utility" means one of the following with 200,000 retail customers in the state:   (i) an electrical corporation; or     (ii) a gas corporation.       (b) "Resource decision" means a decision, other than a decision to construct or acquire a significant energy resource, involving:   (i) an energy utility's acquisition, management, or operation of energy production, processing, transmission, or distribution facilities or processes including:   (A) a facility or process for the efficient, reliable, or safe provision of energy to retail customers;     (B) an energy efficiency and conservation program; or     (C) rural gas infrastructure development; or       (ii) a decision determined by the commission to be appropriate for review under this part.       (c) "Rural gas infrastructure development" means the acquisition, planning, development, extension, expansion, and construction of natural gas utility facilities to serve previously unserved rural areas of the state.       (2) The commission may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to specify the nature of resource decisions subject to approval under Section 54-17-402.    Amended by Chapter 16, 2020 General Session
UT Code § 54-17-403 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 4 - Voluntary Request for Resource Decision Review|Section 403 - Cost recovery.

 Effective 5/8/2018  54-17-403. Cost recovery.    (1)   (a) Except as otherwise provided in this section, if the commission approves any portion of an energy utility's resource decision under Section 54-17-402, the commission shall, in a general rate case or other appropriate commission proceeding, include in the energy utility's retail rates the state's share of costs:   (i) relevant to that proceeding;     (ii) incurred by the energy utility in implementing the approved resource decision; and     (iii) up to the projected costs specified in the commission's order issued under Section 54-17-402.       (b) Except to the extent that the commission issues an order under Section 54-17-404, any increase from the projected costs specified in the commission's order issued under Section 54-17-402 shall be subject to review by the commission as part of a rate hearing under Section 54-7-12.     (c) If the commission approves a request for approval of rural gas infrastructure development under Section 54-17-402, the commission may approve the inclusion of rural gas infrastructure development costs within the gas corporation's base rates if:   (i) the inclusion of those costs will not increase the base distribution non-gas revenue requirement by more than 2% in any three-year period;     (ii) the distribution non-gas revenue requirement increase related to the infrastructure development costs under Subsection (1)(c)(i) does not exceed 5% in the aggregate; and     (iii) the applicable distribution non-gas revenue requirement is the annual revenue requirement determined in the gas corporation's most recent rate case.         (2)   (a) Subsequent to the commission issuing an order described in Subsection (2)(a)(i) or (ii), the commission may disallow some or all costs incurred in connection with an approved resource decision if the commission finds that an energy utility's actions in implementing an approved resource decision are not prudent because of new information or changed circumstances that occur after:   (i) the commission approves the resource decision under Section 54-17-402; or     (ii) the commission issues an order to proceed under Section 54-17-404.       (b) In making a determination of prudence under Subsection (2)(a), the commission shall use the standards identified in Section 54-4-4.       (3) Notwithstanding any other provision of this chapter, the commission may disallow some or all of the costs incurred by an energy utility in connection with an approved resource decision upon a finding by the commission that the energy utility is responsible for a material misrepresentation or concealment in connection with an approval process under this chapter.    Amended by Chapter 449, 2018 General Session
UT Code § 54-17-606 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 6 - Carbon Emission Reductions for Electrical Corporations|Section 606 - Commission rules.

54-17-606. Commission rules.  The commission shall make rules as necessary to implement this part.  Enacted by Chapter 374, 2008 General Session
UT Code § 54-17-607 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 6 - Carbon Emission Reductions for Electrical Corporations|Section 607 - Procedure and appeals under this chapter.

54-17-607. Procedure and appeals under this chapter.    (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.    Enacted by Chapter 374, 2008 General Session
UT Code § 54-17-801 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 8 - Renewable Energy Contracts|Section 801 - Definitions.

 Effective 5/9/2017  54-17-801. Definitions.  As used in this part:  (1) "Contract customer" means a person who executes or will execute a renewable energy contract with a qualified utility.     (2) "Qualified utility" means an electric corporation that serves more than 200,000 retail customers in the state.     (3) "Renewable energy contract" means a contract under this part for the delivery of electricity from one or more renewable energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution system to deliver the electricity from a renewable energy facility to the contract customer.     (4)   (a) "Renewable energy facility" means a renewable energy source as defined in Section 54-17-601 that:   (i) is located in the state; or     (ii)   (A) is located outside the state; and      (B) provides energy from baseload renewable resources.         (b) "Renewable energy facility" does not include an electric generating facility for which the electric generating facility's costs are included in a qualified utility's rates as a facility that provides electric service to the qualified utility's system.       (5) "Renewable energy tariff" means a tariff offered by a qualified utility that allows the qualified utility to procure renewable generation on behalf of and to serve its customers.    Amended by Chapter 409, 2017 General Session
UT Code § 54-17-802 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 8 - Renewable Energy Contracts|Section 802 - Contracts for the purchase of electricity from a renewable energy facility.

54-17-802. Contracts for the purchase of electricity from a renewable energy facility.    (1) Within a reasonable time after receiving a request from a contract customer and subject to reasonable credit requirements, a qualified utility shall enter into a renewable energy contract with the requesting contract customer to supply some or all of the contract customer's electric service from one or more renewable energy facilities selected by the contract customer.     (2) Subject to a contract customer agreeing to pay the qualified utility for all incremental costs associated with metering facilities, communication facilities, and administration, a renewable energy contract may provide for electricity to be delivered to a contract customer:   (a) from one renewable energy facility to a contract customer's single metered delivery location;     (b) from multiple renewable energy facilities to a contract customer's single metered delivery location; or     (c) from one or more renewable energy facilities to a single contract customer's multiple metered delivery locations.       (3)   (a) A single contract customer may aggregate multiple metered delivery locations to satisfy the minimum megawatt limit under Subsection (4).     (b) Multiple contract customers may not aggregate their separate metered delivery locations to satisfy the minimum megawatt limit under Subsection (4).       (4) The amount of electricity provided to a contract customer under a renewable energy contract may not be less than 2.0 megawatts.     (5) The amount of electricity provided in any hour to a contract customer under a renewable energy contract may not exceed the contract customer's metered kilowatt-hour load in that hour at the metered delivery locations under the contract.     (6) A renewable energy contract that meets the requirements of Subsection (4) may provide for one or more increases in the amount of electricity to be provided under the contract even though the amount of electricity to be provided by the increase is less than the minimum amount required under Subsection (4).     (7) The total amount of electricity to be generated by renewable energy facilities and delivered to contract customers at any one time under all renewable energy contracts may not exceed 300 megawatts, unless the commission approves in advance a higher amount.     (8) Electricity generated by a renewable energy facility and delivered to a contract customer under a renewable energy contract may not be included in a net metering program under Chapter 15, Net Metering of Electricity.    Enacted by Chapter 182, 2012 General Session
UT Code § 54-17-803 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 8 - Renewable Energy Contracts|Section 803 - Ownership of a renewable energy facility -- Joint ownership -- Ownership of environmental attributes.

54-17-803. Ownership of a renewable energy facility -- Joint ownership -- Ownership of environmental attributes.    (1) A renewable energy facility may be owned:   (a) by a person who will be a contract customer receiving electricity from the renewable energy facility;     (b) by a qualified utility;     (c) by a person other than a contract customer or qualified utility; or     (d) jointly by any combination of Subsections (1)(a), (b), and (c), whether in equal shares or otherwise.       (2) A qualified utility may be a joint owner of a renewable energy facility only if:   (a) the qualified utility consents to being a joint owner; and     (b) the joint ownership agreement requires the qualified utility to recover from contract customers receiving electricity from the renewable energy facility all of the qualified utility's costs associated with its ownership of the renewable energy facility, including administrative, acquisition, operation, and maintenance costs, unless the commission, in an order issued in a separate regulatory proceeding:   (i) authorizes the qualified utility to recover some of those costs from customers other than contract customers;     (ii) determines that the rate to be paid for electricity from the renewable energy facility by customers other than contract customers is cost effective; and     (iii) approves the inclusion of the rate determined under Subsection (2)(b)(ii) in general rates or through a commission approved cost recovery mechanism.         (3) To the extent that any electricity from a renewable energy facility to be delivered to a contract customer is owned by a person other than the contract customer:   (a) the qualified utility shall, by contract with the owner of the electricity to be sold from the renewable energy facility, purchase electricity for resale to one or more contract customers;     (b) the qualified utility shall sell that electricity to the contract customer or customers under renewable energy contracts with the same duration and pricing as the contract between the qualified utility and the owner of the electricity to be sold from the renewable energy facility; and     (c) the qualified utility's contract with the owner of the electricity to be sold from the renewable energy facility shall provide that the qualified utility's obligation to purchase electricity under that contract ceases if the contract customer defaults in its obligation to purchase and pay for the electricity under the contract with the qualified utility.       (4) The right to any environmental attribute associated with a renewable energy facility shall remain the property of the renewable energy facility's owner, except to the extent that a contract to which the owner is a party provides otherwise.    Enacted by Chapter 182, 2012 General Session
UT Code § 54-17-804 (2021)
2021 Utah Code|Title 54 - Public Utilities|Chapter 17 - Energy Resource Procurement Act|Part 8 - Renewable Energy Contracts|Section 804 - Exemption from certificate of convenience and necessity requirements.

54-17-804. Exemption from certificate of convenience and necessity requirements.    (1) A qualified utility is not required to comply with Section 54-4-25 with respect to a renewable energy facility that is the subject of a renewable energy contract if:   (a) each contract necessary for the commission to determine compliance with this part is filed with the commission; and     (b) the commission determines that each contract relating to the renewable energy facility complies with this part.       (2) In making its determination under Subsection (1)(b), the commission may process and consider together multiple renewable energy contracts between the same contract customer and the qualified utility providing for the delivery of electricity from a renewable energy facility to the contract customer's multiple metered delivery locations.    Enacted by Chapter 182, 2012 General Session