(1)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission:

Terms Used In Utah Code 54-17-103

  • Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. See Utah Code 54-17-102
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
(a)  shall make rules when required by this chapter; and

(b)  in addition to the rules required under Subsection (1)(a), may make rules necessary for the implementation of this chapter.

(2)  Notwithstanding a requirement that the commission make rules, the commission may take action under this chapter before the commission makes a required rule including:

(a)  approving a solicitation process under 2;

(b)  approving a significant energy resource under Section 54-17-302;

(c)  issuing an order under Section 54-17-304 regarding whether an affected electrical utility should proceed with implementing a significant energy resource decision;

(d)  approving an energy resource under Section 54-17-402; or

(e)  issuing an order under Section 54-17-404 regarding whether an energy utility should proceed with implementing a resource decision.

Amended by Chapter 382, 2008 General Session