An electrical corporation shall develop and maintain a plan for implementing Subsection 54-17-602(1), consistent with the cost-effectiveness criteria of Subsection 54-17-201(2)(c)(ii).
Terms Used In Utah Code 54-17-604
Commission: means the Public Service Commission. See Utah Code 54-2-1
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
Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:
(a)
(i)
the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or
(ii)
the qualifying electricity is delivered to the transmission system of an electrical corporation or a delivery point designated by the electrical corporation for the purpose of subsequent delivery to the electrical corporation; and
(b)
the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 54-17-601
Renewable energy source: means :
(a)
an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995 that derives its energy from one or more of the following:
(i)
wind energy;
(ii)
solar photovoltaic and solar thermal energy;
(iii)
wave, tidal, and ocean thermal energy;
(iv)
except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:
(A)
organic waste;
(B)
forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
(C)
agricultural residues;
(D)
dedicated energy crops; and
(E)
landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;
(v)
geothermal energy located outside the state;
(vi)
waste gas and waste heat capture or recovery whether or not it is renewable, including methane gas from:
(A)
an abandoned coal mine; or
(B)
a coal degassing operation associated with a state-approved mine permit;
(vii)
efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;
(viii)
compressed air, if:
(A)
the compressed air is taken from compressed air energy storage; and
(B)
the energy used to compress the air is a renewable energy source; or
(ix)
municipal solid waste;
(b)
any of the following:
(i)
up to 50 average megawatts of electricity per year per electrical corporation from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;
(ii)
geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; or
(iii)
hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
(c)
hydrogen gas derived from any source of energy described in Subsection (10)(a) or (b);
(d)
if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (10)(a) through (c); and
(e)
any of the following located in the state and owned by a user of energy:
A progress report concerning a plan under Subsection (1) for other than a cooperative association shall be filed with the commission by January 1 of each of the years 2010, 2015, 2020, and 2024.
(b)
For an electrical corporation that is a cooperative association, a progress report shall be filed with the cooperative association’s board of directors by January 1 of each of the years 2010, 2015, 2020, and 2024.
(3)
The progress report under Subsection (2) shall contain:
(a)
the actual and projected amount of qualifying electricity through 2025;
(b)
the source of qualifying electricity;
(c)
(i)
an analysis of the cost-effectiveness of renewable energy sources for other than a cooperative association; or
(ii)
an estimate of the cost of achieving the target for an electrical corporation that is a cooperative association;
(d)
a discussion of conditions impacting the renewable energy source and qualifying electricity markets;
(e)
any recommendation for a suggested legislative or program change; and
(f)
for other than a cooperative association, any other information requested by the commission or considered relevant by the electrical corporation.
(4)
The plan and progress report required by Subsections (1) and (2) may include procedures that will be used by the electrical corporation to identify and select any renewable energy resource and qualifying electricity that satisfy the criteria of Subsection 54-17-201(2)(c)(ii).
(5)
By July 1, 2026, each electrical corporation shall file a final progress report demonstrating:
(a)
how Subsection 54-17-602(1) is satisfied for the year 2025; or
(b)
the reason why Subsection 54-17-602(1) is not satisfied for the year 2025, if it is not satisfied.
(6)
By January 1 of each of the years 2011, 2016, 2021, and 2025, the Division of Public Utilities shall submit to the Legislature a report containing a summary of any progress report filed under Subsections (2) through (5).
(7)
The summary required by Subsection (6) shall include any recommendation for legislative changes.
(8)
(a)
By July 1, 2027, the commission shall submit to the Legislature a report summarizing the final progress reports and recommending any legislative changes.
(b)
The 2027 summary may contain a recommendation to the Legislature concerning any action to be taken with respect to an electrical corporation that does not satisfy Subsection 54-17-602(1) for 2025.
(c)
The commission shall provide an opportunity for public comment and take evidence before recommending any action to be taken with respect to an electrical corporation that does not satisfy Subsection 54-17-602(1) for 2025.
(9)
If a recommendation containing a penalty for failure to satisfy Subsection 54-17-602(1) is made under Subsection (8), the proposal shall require that any amount paid by an electrical corporation as a penalty be utilized to fund demand-side management for the retail customers of the electrical corporation paying the penalty.
(10)
A penalty may not be proposed under this section if an electrical corporation’s failure to satisfy Subsection 54-17-602(1) is due to:
(a)
a lack of cost-effective means to satisfy the requirement; or
(b)
force majeure.
(11)
By July 1, 2026, an electrical corporation that is a cooperative association shall file a final progress report demonstrating:
(a)
how Subsection 54-17-602(1) is satisfied for the year 2025; or
(b)
the reason why Subsection 54-17-602(1) is not satisfied for the year 2025 if it is not satisfied.
(12)
The plan and any progress report file under this section by an electrical corporation that is cooperative association shall be publicly available at the cooperative association’s office or posted on the cooperative association’s website.
