Utah Code 54-2-202. Out-of-state distribution electrical cooperative — Exemption from commission jurisdiction
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(1) As used in this section, “out-of-state distribution electrical cooperative” means an electrical corporation that:
Terms Used In Utah Code 54-2-202
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Distribution electrical cooperative: includes an electrical corporation that:(8)(a) is a cooperative;(8)(b) conducts a business that includes the retail distribution of electricity the cooperative purchases or generates for the cooperative's members; and(8)(c) is required to allocate or distribute savings in excess of additions to reserves and surplus on the basis of patronage to the cooperative's:(8)(c)(i) members; or(8)(c)(ii) patrons. See Utah Code 54-2-1
- 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
(1)(a) is a distribution electrical cooperative;(1)(b) is headquartered and maintains its principal place of business in a state adjoining Utah; and(1)(c) provides electric services to consumers located in Utah.(2) An out-of-state distribution electrical cooperative is exempt from regulation by the commission if the out-of-state distribution electrical cooperative:(2)(a) has not previously been headquartered or maintained its principal place of business in Utah;(2)(b) serves fewer than 25,000 total customers;(2)(c) provides less than 20% of the out-of-state distribution electrical cooperative’s total power sales in Utah; and(2)(d) provides and maintains on file with the commission written documentation certifying that the out-of-state distribution electrical cooperative is subject to the applicable laws, rules, and regulations of the state where the out-of state distribution electrical cooperative’s principal place of business is located.(3) Notwithstanding the other provisions of this section, the commission may exercise the commission’s authority applicable to a distribution electrical cooperative pursuant to this title if:(3)(a) the out-of-state distribution electrical cooperative fails to meet any of the qualifications of Subsection (2); or(3)(b) a complaint is filed against the out-of-state distribution electrical cooperative by one of the out-of-state distribution electrical cooperative’s customers within Utah.