Terms Used In Utah Code > Title 54 > Chapter 2 - General Provisions

• 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.
• 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
• Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
• 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
• Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1
• 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
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
• Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that:
       (13)(a) gas is made or produced on, and distributed by the maker or producer through, private property:

            (13)(a)(i) solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and

            (13)(a)(ii) not for sale to others;
       (13)(b) gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or
       (13)(c) gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1
• Gas plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of gas, natural or manufactured, for light, heat, or power. See Utah Code 54-2-1
• Heat corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any heating plant for public service within this state. See Utah Code 54-2-1
• Heating plant: includes all real estate, fixtures, machinery, appliances, and personal property controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of artificial heat. See Utah Code 54-2-1
• 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
• Independent power production facility: means a facility that:
       (18)(a) produces electric energy solely by the use, as a primary energy source, of biomass, waste, a renewable resource, a geothermal resource, or any combination of the preceding sources; or
       (18)(b) is a qualifying power production facility. See Utah Code 54-2-1
• 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.
• 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
• 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}
• Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
• Nonutility energy supplier: means a person that:
       (21)(a) has received market-based rate authority from the Federal Energy Regulatory Commission in accordance with Utah Code 54-2-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes all individuals, corporations, partnerships, associations, trusts, and companies and their lessees, trustees, and receivers. See Utah Code 54-2-2
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• Qualifying power production facility: means a facility that:
       (26)(a) produces electrical energy solely by the use, as a primary energy source, of biomass, waste, a renewable resource, a geothermal resource, or any combination of the preceding sources;
       (26)(b) has a power production capacity that, together with any other facilities located at the same site, is no greater than 80 megawatts; and
       (26)(c) is a qualifying small power production facility under federal law. See Utah Code 54-2-1
• Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1
• Railroad corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any railroad for public service within this state. See Utah Code 54-2-1
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• resident: means a person who:
       (47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
       (47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Sewerage corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any sewerage system for public service within this state. 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
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Telegraph corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any telegraph line for public service within this state. See Utah Code 54-2-1
• Telegraph line: includes all conduits, ducts, poles, wires, cables, instruments, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate communication by telegraph, whether that communication be had with or without the use of transmission wires. See Utah Code 54-2-1
• Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1
• Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of the person transported, and the receipt, carriage, and delivery of that person and that person's baggage. See Utah Code 54-2-1
• Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage, and hauling, and the transmission of credit by express companies. See Utah Code 54-2-1
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utility vehicle charging service: means the furnishing of electricity:
       (38)(a) to an electric vehicle battery charging station;
       (38)(b) by a public utility in whose service area the charging station is located; and
       (38)(c) pursuant to a duly established tariff for rates, charges, and conditions of service for the electricity. See Utah Code 54-2-1
• Water corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any water system for public service within this state. See Utah Code 54-2-1
• Water system: includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, appointment, apportionment, or measurement of water for power, fire protection, irrigation, reclamation, or manufacturing, or for municipal, domestic, or other beneficial use. See Utah Code 54-2-1
• Wholesale electrical cooperative: includes every electrical corporation that is:
       (41)(a) in the business of the wholesale distribution of electricity it has purchased or generated to its members and the public; and
       (41)(b) required to distribute or allocate savings in excess of additions to reserves and surplus to members or patrons on the basis of patronage. See Utah Code 54-2-1
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5