Terms Used In Utah Code 11-13-308

  • Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
    (i) the owners of the new generating unit are the same as or different from the owner of the project; and
    (ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • Project: includes a project entity's ownership interest in:
    (i) facilities that provide additional project capacity;
    (ii) facilities providing replacement project capacity;
    (iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and
    (iv) a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103
  • Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
  • Public agency: means :
    (a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
    (b) the state or any department, division, or agency of the state;
    (c) any agency of the United States;
    (d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
    (e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
         The construction or operation of a project or of facilities providing additional project capacity may commence and proceed, notwithstanding the fact that all impact alleviation contracts or determination orders with respect to the project or facilities providing additional project capacity have not been entered into or made or that any appeal or review concerning the contract or determination has not been finally resolved. The failure of the project entity or other public agency to comply with the requirements of this chapter or with the terms of any alleviation contract or determination order or any amendment to them may not be grounds for enjoining the construction or operation of the project or facilities providing additional project capacity.

    Renumbered and Amended by Chapter 286, 2002 General Session