Terms Used In Utah Code > Title 54 > Chapter 17 - Energy Resource Procurement Act

• Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of an electrical corporation to customers in this state in a calendar year, reduced by:
       (1)(a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;
       (1)(b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a clean energy source or that otherwise has not been used to satisfy Subsection 54-17-602(1):

            (1)(b)(i) wind energy;

            (1)(b)(ii) solar photovoltaic and solar thermal energy;

            (1)(b)(iii) wave, tidal, and ocean thermal energy;

            (1)(b)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

                 (1)(b)(iv)(A) organic waste;

                 (1)(b)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

                 (1)(b)(iv)(C) agricultural residues;

                 (1)(b)(iv)(D) dedicated energy crops; and

                 (1)(b)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

            (1)(b)(v) geothermal energy;

            (1)(b)(vi) hydroelectric energy; or

            (1)(b)(vii) waste gas and waste heat capture or recovery; and
       (1)(c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from demand side management as defined in Section Utah Code 54-17-601
• Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. See Utah Code 54-17-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Auxiliary services: means those services necessary to safely and reliably:
            (1)(a)(i) interconnect and transmit electric power from any clean energy resource constructed or acquired for a community clean energy program; and
            (1)(a)(ii) integrate and supplement electric power from any clean energy resource. See Utah Code 54-17-902
• Avoided costs: means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. See Utah Code 54-2-1
• Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:
       (3)(a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and
       (3)(b) carried forward into a subsequent year. See Utah Code 54-17-601
• Benchmark option: means an energy resource against which bids in an open bid process may be evaluated that:
       (2)(a) could be constructed or owned by:

            (2)(a)(i) an affected electrical utility; or

            (2)(a)(ii) an affiliate of an affected electrical utility; or
       (2)(b) may be a purchase of:

            (2)(b)(i) electricity;

            (2)(b)(ii) electric generating capacity; or

            (2)(b)(iii) electricity and electric generating capacity. See Utah Code 54-17-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clean energy contract: means a contract under this part for the delivery of electricity from one or more clean energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution system to deliver the electricity from a clean energy facility to the contract customer. See Utah Code 54-17-801
• Clean energy facility: means a clean energy source as defined in Section 54-17-601 that:
            (2)(a)(i) is located in the state; or
            (2)(a)(ii)

                 (2)(a)(ii)(A) is located outside the state; and

                 (2)(a)(ii)(B) provides energy from baseload clean resources. See Utah Code 54-17-801
• Clean energy resource: means :
       (3)(a) electric energy generated by a source that is naturally replenished and includes one or more of the following:

            (3)(a)(i) wind;

            (3)(a)(ii) solar photovoltaic or thermal solar technology;

            (3)(a)(iii) a geothermal resource; or

            (3)(a)(iv) a hydroelectric plant including a pumped storage hydropower facility;
       (3)(b) use of an energy efficient and sustainable technology the commission has approved for implementation that:

            (3)(b)(i) increases efficient energy usage;

            (3)(b)(ii) is capable of being used for demand response;

            (3)(b)(iii) facilitates the use and development of clean generation resources through electrical grid management or energy storage; or

            (3)(b)(iv) uses carbon capture utilization and sequestration; or
       (3)(c) energy derived from nuclear fuel. See Utah Code 54-17-902
• Clean energy source: means :
       (5)(a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995, that derives its energy from one or more of the following:

            (5)(a)(i) wind energy;

            (5)(a)(ii) solar photovoltaic and solar thermal energy;

            (5)(a)(iii) wave, tidal, and ocean thermal energy;

            (5)(a)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

                 (5)(a)(iv)(A) organic waste;

                 (5)(a)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

                 (5)(a)(iv)(C) agricultural residues;

                 (5)(a)(iv)(D) dedicated energy crops; and

                 (5)(a)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

            (5)(a)(v) geothermal energy located outside the state;

            (5)(a)(vi) waste gas and waste heat capture or recovery, including methane gas from:

                 (5)(a)(vi)(A) an abandoned coal mine; or

                 (5)(a)(vi)(B) a coal degassing operation associated with a state-approved mine permit;

            (5)(a)(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;

            (5)(a)(viii) compressed air, if:

                 (5)(a)(viii)(A) the compressed air is taken from compressed air energy storage; and

                 (5)(a)(viii)(B) the energy used to compress the air is a clean energy source;

            (5)(a)(ix) municipal solid waste; or

            (5)(a)(x) energy derived from nuclear fuel;
       (5)(b) any of the following:

            (5)(b)(i) up to 50 average megawatts of electricity per year per electrical corporation from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;

            (5)(b)(ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; or

            (5)(b)(iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
       (5)(c) hydrogen gas derived from any source of energy described in Subsection (5)(a) or (b);
       (5)(d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (5)(a) through (c); and
       (5)(e) any of the following located in the state and owned by a user of energy:

            (5)(e)(i) a demand side management measure, as defined by Subsection Utah Code 54-17-601
• Clean energy tariff: means a tariff offered by a qualified utility that allows the qualified utility to procure clean generation on behalf of and to serve its customers. See Utah Code 54-17-801
• Commission: means the Public Service Commission created in Section 54-1-1. See Utah Code 54-17-902
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• Community clean energy program: means the program approved by the commission under Section 54-17-904 that allows a qualified utility to provide electric service from one or more clean energy resources to a participating customer within a participating community. See Utah Code 54-17-902
• Contract: A legal written agreement that becomes binding when signed.
• Contract customer: means a person who executes or will execute a clean energy contract with a qualified utility. See Utah Code 54-17-801
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• County: means the unincorporated area of a county. See Utah Code 54-17-902
• Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 26A-1-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• Division: means the Division of Public Utilities created in Section 54-4a-1. See Utah Code 54-17-902
• Donor: The person who makes a gift.
• 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
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1
• Initial opt-out period: means the period of time immediately after the community clean energy program's commencement, as established by the commission by rule made pursuant to Section 54-17-909, during which a participating customer may elect to leave the program without penalty. See Utah Code 54-17-902
• Integrated resource plan: means a plan that contains:
       (5)(a) the demand and energy forecast by the affected electrical utility for at least a ten-year period;
       (5)(b) the affected electrical utility's options for meeting the requirements shown in the affected electrical utility's load and resource forecast in an economic and reliable manner, including:

            (5)(b)(i) demand-side and supply-side options; and

            (5)(b)(ii) a brief description and summary cost-benefit analysis, if available, of each option that was considered;
       (5)(c) the affected electrical utility's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service;
       (5)(d) a description of the external environmental and economic consequences of the plan to the extent practicable; and
       (5)(e) any other data and analyses as the commission may require. See Utah Code 54-17-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Local health department: means :
       (6)(a) a single county local health department;
       (6)(b) a multicounty local health department;
       (6)(c) a united local health department; or
       (6)(d) a multicounty united local health department. See Utah Code 26A-1-102
• Municipality: means a city or a town as defined in Section 10-1-104. See Utah Code 54-17-902
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of Consumer Services created in Section 54-10a-101. See Utah Code 54-17-902
• Ongoing costs: means the costs allocated to the state for transmission and distribution facilities, retail services, and generation assets that are not replaced assets. See Utah Code 54-17-902
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating community: means a municipality or a county:
       (12)(a) whose residents are served by a qualified utility; and
       (12)(b) the municipality or county meets the requirements in Section 54-17-903. See Utah Code 54-17-902
• Participating customer: means :
       (13)(a) a customer of a qualified utility located within the boundary of a municipality or county where a community clean energy program has been approved by the commission; and
       (13)(b) the customer has not exercised the right to not participate in the community clean energy program as provided in Section 54-17-905. See Utah Code 54-17-902
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Proven dispatchable generation resource: means a significant energy resource that has demonstrated the capability to provide dispatchable energy. See Utah Code 54-17-102
• Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
• Purchasing utility: means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, Utah Code 54-2-1
• Qualified utility: means an electric corporation that serves more than 200,000 retail customers in the state. See Utah Code 54-17-801
• Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-17-902
• Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:
       (7)(a) becomes operational or is retrofitted on or after January 1, 2008; and
       (7)(b) reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through another verifiably permanent reduction in carbon dioxide emissions through the use of technology. See Utah Code 54-17-601
• Qualifying electricity: means electricity generated on or after January 1, 1995, from a clean energy source if:
       (8)(a)

            (8)(a)(i) the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or

            (8)(a)(ii) the qualifying electricity is delivered to the transmission system of an electrical corporation or a delivery point designated by the electrical corporation for the purpose of subsequent delivery to the electrical corporation; and
       (8)(b) the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 54-17-601
• Renewable energy certificate: means a certificate issued under Section 54-17-603. See Utah Code 54-17-601
• Replaced asset: means an existing thermal energy resource:
       (15)(a) that was built or acquired, in whole or in part, by a qualified utility to serve the qualified utility's customers, including customers within a participating community;
       (15)(b) that was built or acquired prior to commission approval and the effective date of the community clean energy program; and
       (15)(c) to the extent the asset is no longer used to serve participating customers. See Utah Code 54-17-902
• 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
• Solicitation: means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource. See Utah Code 54-17-102
• 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
• Statute: A law passed by a legislature.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Unbundled renewable energy certificate: means a renewable energy certificate associated with:
       (11)(a) qualifying electricity that is acquired by an electrical corporation or other person by trade, purchase, or other transfer without acquiring the electricity for which the certificate was issued; or
       (11)(b) activities listed in Subsection (5)(e). See Utah Code 54-17-601
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5