Terms Used In Utah Code > Title 26B > Chapter 1 > Part 1 - General Provisions

• Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of an electrical corporation to customers in this state in a calendar year, reduced by:
       (1)(a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;
       (1)(b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a clean energy source or that otherwise has not been used to satisfy Subsection 54-17-602(1):

            (1)(b)(i) wind energy;

            (1)(b)(ii) solar photovoltaic and solar thermal energy;

            (1)(b)(iii) wave, tidal, and ocean thermal energy;

            (1)(b)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

                 (1)(b)(iv)(A) organic waste;

                 (1)(b)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

                 (1)(b)(iv)(C) agricultural residues;

                 (1)(b)(iv)(D) dedicated energy crops; and

                 (1)(b)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

            (1)(b)(v) geothermal energy;

            (1)(b)(vi) hydroelectric energy; or

            (1)(b)(vii) waste gas and waste heat capture or recovery; and
       (1)(c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from demand side management as defined in Section Utah Code 54-17-601
• Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. See Utah Code 54-17-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:
       (3)(a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and
       (3)(b) carried forward into a subsequent year. See Utah Code 54-17-601
• Clean energy source: means :
       (5)(a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995, that derives its energy from one or more of the following:

            (5)(a)(i) wind energy;

            (5)(a)(ii) solar photovoltaic and solar thermal energy;

            (5)(a)(iii) wave, tidal, and ocean thermal energy;

            (5)(a)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

                 (5)(a)(iv)(A) organic waste;

                 (5)(a)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

                 (5)(a)(iv)(C) agricultural residues;

                 (5)(a)(iv)(D) dedicated energy crops; and

                 (5)(a)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

            (5)(a)(v) geothermal energy located outside the state;

            (5)(a)(vi) waste gas and waste heat capture or recovery, including methane gas from:

                 (5)(a)(vi)(A) an abandoned coal mine; or

                 (5)(a)(vi)(B) a coal degassing operation associated with a state-approved mine permit;

            (5)(a)(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;

            (5)(a)(viii) compressed air, if:

                 (5)(a)(viii)(A) the compressed air is taken from compressed air energy storage; and

                 (5)(a)(viii)(B) the energy used to compress the air is a clean energy source;

            (5)(a)(ix) municipal solid waste; or

            (5)(a)(x) energy derived from nuclear fuel;
       (5)(b) any of the following:

            (5)(b)(i) up to 50 average megawatts of electricity per year per electrical corporation from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;

            (5)(b)(ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; or

            (5)(b)(iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
       (5)(c) hydrogen gas derived from any source of energy described in Subsection (5)(a) or (b);
       (5)(d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (5)(a) through (c); and
       (5)(e) any of the following located in the state and owned by a user of energy:

            (5)(e)(i) a demand side management measure, as defined by Subsection Utah Code 54-17-601
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• Dispatchability: means the extent to which an energy resource is dispatchable. See Utah Code 54-17-102
• Dispatchable: means available for use on demand and generally available to be delivered at a time and quantity of the operator's choosing. See Utah Code 54-17-102
• Energy utility: means one of the following with 200,000 retail customers in the state:
            (1)(a)(i) an electrical corporation; or
            (1)(a)(ii) a gas corporation. See Utah Code 54-17-401
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
• Purchasing utility: means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, Utah Code 54-2-1
• Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:
       (7)(a) becomes operational or is retrofitted on or after January 1, 2008; and
       (7)(b) reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through another verifiably permanent reduction in carbon dioxide emissions through the use of technology. See Utah Code 54-17-601
• Qualifying electricity: means electricity generated on or after January 1, 1995, from a clean energy source if:
       (8)(a)

            (8)(a)(i) the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or

            (8)(a)(ii) the qualifying electricity is delivered to the transmission system of an electrical corporation or a delivery point designated by the electrical corporation for the purpose of subsequent delivery to the electrical corporation; and
       (8)(b) the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 54-17-601
• Renewable energy certificate: means a certificate issued under Section 54-17-603. See Utah Code 54-17-601
• Resource decision: means a decision, other than a decision to construct or acquire a significant energy resource, involving:
            (1)(b)(i) an energy utility's acquisition, management, or operation of energy production, processing, transmission, or distribution facilities or processes including:

                 (1)(b)(i)(A) a facility or process for the efficient, reliable, or safe provision of energy to retail customers;

                 (1)(b)(i)(B) an energy efficiency and conservation program; or

                 (1)(b)(i)(C) rural gas infrastructure development; or
            (1)(b)(ii) a decision determined by the commission to be appropriate for review under this part. See Utah Code 54-17-401
• Risk: includes the probability that:
            (8)(b)(i) overreliance on intermittent resources will create instability or inadequacy in meeting electricity demand;
            (8)(b)(ii) the energy resource will be unable to provide a consistent and resilient supply of electricity to consumers; and
            (8)(b)(iii) electricity costs will become unsustainable for consumers. See Utah Code 54-17-102
• 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. See Utah Code 54-17-401
• 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. See Utah Code 54-17-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Unbundled renewable energy certificate: means a renewable energy certificate associated with:
       (11)(a) qualifying electricity that is acquired by an electrical corporation or other person by trade, purchase, or other transfer without acquiring the electricity for which the certificate was issued; or
       (11)(b) activities listed in Subsection (5)(e). See Utah Code 54-17-601
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5