(1) The commission may approve a contract between a large-scale electric utility and a customer of a large-scale electric utility that is eligible to transfer electric service to a non-utility energy supplier under Section 54-3-32.

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Terms Used In Utah Code 54-3-33

  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Eligible customer: means a person who:
         (11)(a) on December 31, 2013:
              (11)(a)(i) was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and
              (11)(a)(ii) owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and
         (11)(b) produces electricity:
              (11)(b)(i) from a qualifying power production facility for sale to a public utility in this state;
              (11)(b)(ii) primarily for the eligible customer's own use; or
              (11)(b)(iii) for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1
  • Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
(2) The commission shall exempt a customer that enters into a contract described in Subsection (1) from paying the costs recovered under Subsection 54-7-12.8(3), except the costs of the Utah solar incentive program included in Subsection 54-7-12.8(3)(b).
(3) If an eligible customer that enters into a contract described in Subsection (1) has provided notice to the commission under Subsection 54-3-32(3), the notice is not considered withdrawn under Subsection 54-3-32(4)(c) by the customer entering into the contract.
(4) Notwithstanding Subsection 54-3-32(4)(c), if the commission approves a contract under this section for an eligible customer that states a contract termination date that is after December 31, 2020, the notice described in Subsection 54-3-32(3)(a) is not considered to be withdrawn unless a transfer of service under Section 54-3-32 does not occur before the later of:

     (4)(a) the day three years after the termination date stated in the contract; or
     (4)(b) 18 months after the intended date of transfer of service described in Subsection 54-3-32(3)(a)(ii).