Utah Code 54-3-33. Eligible customer energy supply contract
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(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.
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in Subsection (1) has provided notice to the commission under Subsection 54-3-32(3), the notice is not considered withdrawn under Subsection 54-3-32(4)(c) by the customer entering into the contract.(4) Notwithstanding Subsection 54-3-32(4)(c), if the commission approves a contract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date that is after December 31, 2020, the notice described in Subsection 54-3-32(3)(a) is not considered to be withdrawn unless a transfer of service under Section 54-3-32 does not occur before the later of:(4)(a) the day three years after the termination date stated in the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).