Utah Code 54-17-404. Order to proceed

(1)

Terms Used In Utah Code 54-17-404

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:

(i)	an electrical corporation; or

(ii)

a gas corporation. See Utah Code 54-17-401

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 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
(a)	In the event of a change in circumstances or projected costs, an energy utility may seek a commission review and determination of whether the energy utility should proceed with the implementation of an approved resource decision.

(b)	In making a determination under this Subsection (1), the commission shall use the standards identified in Subsection 54-17-402(3)(b).

(c)

Before making a determination under this Subsection (1) the commission:

(i)	may hold a public hearing; and

(ii)	shall provide an opportunity for public comment.

(2)

Unless the commission determines that additional time is warranted and is in the public interest, within 60 days of the day on which the energy utility files a request for commission review and determination under this section, the commission shall:

(a)

issue an order:

(i)	determining that the energy utility should proceed with the implementation of the resource decision;

(ii)	making findings as to the total projected costs of the approved resource decision; and

(iii)

stating the basis upon which the findings described in Subsection (2)(a)(ii) are made; or

(b)	issue an order determining that the energy utility should not proceed with the implementation of the resource decision.

(3)

If the commission determines that the energy utility should proceed with the implementation of the approved resource decision, the commission shall, in a general rate case or other appropriate commission proceeding, include in the energy utility’s retail rates the state‘s share of costs:

(a)	relevant to that proceeding;

(b)	incurred by the energy utility in implementing the approved resource decision; and

(c)	up to the projected costs as specified in the commission’s order issued under Subsection (2)(a).

(4)

If the commission determines that the energy utility should not proceed with the implementation of the approved resource decision, the commission shall, in a general rate case or other appropriate commission proceeding, include in the energy utility’s retail rates the state’s share of costs:

(a)	relevant to that proceeding; and

(b)	incurred by the energy utility in implementing the approved resource decision before issuance of a determination not to proceed, including any prudently incurred costs of terminating the approved resource decision.

(5)

A commission order under this section not to proceed with the implementation of a resource decision may not prejudice:

(a)

the right of an energy utility to:

(i)	continue to implement the resource decision; and

(ii)	seek recovery of costs incurred after a determination not to proceed in a future rate proceeding; or

(b)	the right of any other party to support or oppose the recovery sought under Subsection (5)(a)(ii).

(6)	In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules regarding the process for the commission’s review and determination on a request for an order to proceed under this section.

Amended by Chapter 382, 2008 General Session

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