(1) Beginning on February 25, 2005, before implementing a resource decision, an energy utility may request that the commission approve all or part of a resource decision in accordance with this part.
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Terms Used In Utah Code 54-17-402

  • Commission: means the Public Service Commission. 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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
(2)

     (2)(a) To obtain the approval permitted by Subsection (1), the energy utility shall file a request for approval with the commission.
     (2)(b) The request for approval required by this section shall include any information required by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
     (2)(c) A request for approval of natural gas infrastructure development shall include:

          (2)(c)(i) a description of the proposed rural gas infrastructure development project;
          (2)(c)(ii) an explanation of projected benefits from the proposed rural gas infrastructure development project;
          (2)(c)(iii) the estimated costs of the rural gas infrastructure development project; and
          (2)(c)(iv) any other information the commission requires.
(3) In ruling on a request for approval of a resource decision, the commission shall determine whether the decision:

     (3)(a) is reached in compliance with this chapter and rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
     (3)(b) is in the public interest, taking into consideration:

          (3)(b)(i)

               (3)(b)(i)(A) the dispatchability of the energy resource;
               (3)(b)(i)(B) the state‘s desire to have proven dispatchable generation resources operating within the state to ensure adequate resources to reliably meet the state’s energy needs and to make needed dispatchable generation from proven dispatchable energy generation resources available to the bulk electric system to support reliability;
               (3)(b)(i)(C) whether the proposal is consistent with the state energy policy described in Section 79-6-301;
               (3)(b)(i)(D) whether it will most likely result in the acquisition, production, and delivery of utility services at the lowest reasonable cost to the retail customers of an energy utility located in this state, including any lowered costs resulting from the ability to sell excess energy generated in an interstate energy market;
               (3)(b)(i)(E) long-term and short-term impacts;
               (3)(b)(i)(F) risk;
               (3)(b)(i)(G) reliability;
               (3)(b)(i)(H) financial impacts on the energy utility; and
               (3)(b)(i)(I) other factors determined by the commission to be relevant; or
          (3)(b)(ii) for a request for approval of rural gas infrastructure development:

               (3)(b)(ii)(A) the potential benefits to previously unserved rural areas;
               (3)(b)(ii)(B) the potential number of new customers;
               (3)(b)(ii)(C) natural gas consumption; and
               (3)(b)(ii)(D) revenues, costs, and other factors determined by the commission to be relevant.
(4) In a decision relating to a request for approval of rural gas infrastructure development, the commission may determine that spreading all or a portion of the costs of the rural gas infrastructure development to the larger customer base is in the public interest.
(5)

     (5)(a) If the commission approves a proposed resource decision only in part, the commission shall explain in the order issued under this section why the commission does not approve the resource decision in total.
     (5)(b) Recovery of expenses incurred in connection with parts of a resource decision that are not approved is subject to the review of the commission as part of a rate hearing under Section 54-7-12.
(6) The commission may not approve a resource decision in whole or in part under this section before holding a public hearing.
(7) Unless the commission determines that additional time to analyze a resource decision is warranted and is in the public interest, within 180 days of the day on which the energy utility files a request for approval, the commission shall:

     (7)(a) approve all or part of the resource decision;
     (7)(b) approve all or part of the resource decision subject to conditions imposed by the commission; or
     (7)(c) disapprove all or part of the resource decision.
(8) The commission shall include in the commission’s order under this section:

     (8)(a) findings as to the approved projected costs of a resource decision; and
     (8)(b) the basis upon which the findings described in Subsection (8)(a) are made.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules regarding the process for approval of a resource decision under this section.

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