Utah Code 54-14-202. Public utility to provide standard cost and estimated excess cost
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Terms Used In Utah Code 54-14-202
- 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.
- Board: means the Utility Facility Review Board. See Utah Code 54-14-103
- Estimated excess cost: means any material difference in estimated cost between the costs of a facility, including any necessary right-of-way, if constructed in accordance with the requirements of a local government and the standard cost of the facility. See Utah Code 54-14-103
- Facility: includes a high voltage power line route as defined in Section 54-18-102. See Utah Code 54-14-103
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. 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
- Standard cost: means the estimated cost of a facility, including any necessary right-of-way, if constructed in accordance with:
(9)(a)(i) the public utility's normal practices; and(9)(a)(ii) zoning, subdivision, and building code regulations of a local government, including siting, setback, screening, and landscaping requirements:(9)(a)(ii)(A) imposed on similar land uses in the same zone; and(9)(a)(ii)(B) that do not impair the ability of the public utility to provide service to its customers in a safe, reliable, adequate, and efficient manner. See Utah Code 54-14-103- Transmission line: includes , for purposes of Title 54, Chapter 18, Siting of High Voltage Power Line Act, an electrical line as described in Subsection (11)(a) operated at a nominal voltage of 230 kilovolts or more. See Utah Code 54-14-103
(1)(a) A public utility shall provide the information described in Subsection(1)(b) if a local government:(1)(a)(i) is considering imposing requirements or conditions on construction of a facility that may result in an estimated excess cost and requests that the public utility provide the estimated excess cost; or(1)(a)(ii) recommends an alternative to the public utility’s proposed high voltage transmission line corridor in accordance with the provisions ofTitle 54, Chapter 18, Siting of High Voltage Power Line Act .(1)(b) Subject to Subsection(1)(a) , a public utility shall provide to the local government:(1)(b)(i)(1)(b)(i)(A) the estimated standard cost of the facility; and(1)(b)(i)(B) the estimated excess cost of the facility if constructed in accordance with local government requirements or conditions; and(1)(b)(ii) the estimated cost of the alternative line corridor proposed by a local government provided that all affected land use authorities agree to the alternative line corridor proposed by the local government.(2) If a public utility does not provide the information as described in Subsection(1) , the local government may:(2)(a) appeal to the board; and(2)(b) request that the board review the information provided by the public utility.(3)(3)(a) If the board finds that the public utility has failed to provide the standard costs and estimated excess costs in accordance with the provisions of Subsection(1) , the board may request additional information from the public utility.(3)(b) In accordance with Subsection(3)(a) , a public utility shall provide any information requested by the board within 30 days of the day that the request was made.(3)(c) If a public utility fails to comply with Subsections(3)(a) and(b) , the board may suspend issuing its written decision in accordance with Section54-14-305 for 30 days after the day on which the public utility provides the information requested under Subsection(3)(a) .