(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission:

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Terms Used In Utah Code 54-17-103

  • Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. See Utah Code 54-17-102
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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. See Utah Code 54-17-102
     (1)(a) shall make rules when required by this chapter; and
     (1)(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:

     (2)(a) approving a solicitation process under Part 2, Solicitation Process;
     (2)(b) approving a significant energy resource under Section 54-17-302;
     (2)(c) issuing an order under Section 54-17-304 regarding whether an affected electrical utility should proceed with implementing a significant energy resource decision;
     (2)(d) approving an energy resource under Section 54-17-402; or
     (2)(e) issuing an order under Section 54-17-404 regarding whether an energy utility should proceed with implementing a resource decision.