54-17-402. Request for review of resource decision.
(1)
Beginning on February 25, 2005, before implementing a resource decision, an energy utility may request that the commission approve all or part of a resource decision in accordance with this part.
Terms Used In Utah Code 54-17-402
Commission: means the Public Service Commission. See Utah Code 54-2-1
Energy utility: means one of the following with 200,000 retail customers in the state:
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Resource decision: means a decision, other than a decision to construct or acquire a significant energy resource, involving:
(i)
an energy utility's acquisition, management, or operation of energy production, processing, transmission, or distribution facilities or processes including:
(A)
a facility or process for the efficient, reliable, or safe provision of energy to retail customers;
(B)
an energy efficiency and conservation program; or
(C)
rural gas infrastructure development; or
(ii)
a decision determined by the commission to be appropriate for review under this part. See Utah Code 54-17-401
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
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
(2)
(a)
To obtain the approval permitted by Subsection (1), the energy utility shall file a request for approval with the commission.
is in the public interest, taking into consideration:
(i)
(A)
whether it will most likely result in the acquisition, production, and delivery of utility services at the lowest reasonable cost to the retail customers of an energy utility located in this state;
(B)
long-term and short-term impacts;
(C)
risk;
(D)
reliability;
(E)
financial impacts on the energy utility; and
(F)
other factors determined by the commission to be relevant; or
(ii)
for a request for approval of rural gas infrastructure development:
(A)
the potential benefits to previously unserved rural areas;
(B)
the potential number of new customers;
(C)
natural gas consumption; and
(D)
revenues, costs, and other factors determined by the commission to be relevant.
(4)
In a decision relating to a request for approval of rural gas infrastructure development, the commission may determine that spreading all or a portion of the costs of the rural gas infrastructure development to the larger customer base is in the public interest.
(5)
(a)
If the commission approves a proposed resource decision only in part, the commission shall explain in the order issued under this section why the commission does not approve the resource decision in total.
(b)
Recovery of expenses incurred in connection with parts of a resource decision that are not approved is subject to the review of the commission as part of a rate hearing under Section 54-7-12.
(6)
The commission may not approve a resource decision in whole or in part under this section before holding a public hearing.
(7)
Unless the commission determines that additional time to analyze a resource decision is warranted and is in the public interest, within 180 days of the day on which the energy utility files a request for approval, the commission shall:
(a)
approve all or part of the resource decision;
(b)
approve all or part of the resource decision subject to conditions imposed by the commission; or
(c)
disapprove all or part of the resource decision.
(8)
The commission shall include in its order under this section:
(a)
findings as to the approved projected costs of a resource decision; and
(b)
the basis upon which the findings described in Subsection (8)(a) are made.
