Utah Code 11-13-304. Certificate of public convenience and necessity required — Exceptions
Current as of: 2024 | Check for updates
|
Other versions
(1) Before proceeding with the construction of any electrical generating plant or transmission line, each interlocal entity and each out-of-state public agency shall first obtain from the public service commission a certificate, after hearing, that public convenience and necessity requires such construction and in addition that such construction will in no way impair the public convenience and necessity of electrical consumers of the state of Utah at the present time or in the future.
Terms Used In Utah Code 11-13-304
- Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:(1)(a)(i) the owners of the new generating unit are the same as or different from the owner of the project; and(1)(a)(ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
- Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
(9)(b)(i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or(9)(b)(ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. See Utah Code 11-13-103- Interlocal entity: means :
(12)(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or(12)(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103- Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103
- Project: includes a project entity's ownership interest in:
(17)(b)(i) facilities that provide additional project capacity;(17)(b)(ii) facilities providing replacement project capacity;(17)(b)(iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and(17)(b)(iv) a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103- Replacement project capacity: means electric generating capacity or transmission capacity that:
(21)(a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and(21)(b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether:(21)(b)(i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;(21)(b)(ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or(21)(b)(iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. See Utah Code 11-13-103- 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) The requirement to obtain a certificate of public convenience and necessity applies to each project initiated after the section’s effective date but does not apply to:(2)(a) a project for which a feasibility study was initiated prior to the effective date;(2)(b) any facilities providing additional project capacity;(2)(c) any facilities providing replacement project capacity; or(2)(d) transmission lines required for the delivery of electricity from a project described in Subsection (2)(a), or facilities providing additional project capacity, or facilities providing replacement project capacity within the corridor of a transmission line, with reasonable deviation, of a project producing as of April 21, 1987. - Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed: