54-17-904.  Authority of commission to approve a community renewable energy program.

(1)  After the commission has adopted administrative rules as required under Section 54-17-909, a qualified utility may file an application with the commission for approval of a community renewable energy program.

Terms Used In Utah Code 54-17-904

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Commission: means the Public Service Commission created in Section 54-1-1. See Utah Code 54-17-902
  • Community renewable energy program: means the program approved by the commission under Section 54-17-904 that allows a qualified utility to provide electric service from one or more renewable energy resources to a participating customer within a participating community. See Utah Code 54-17-902
  • County: means the unincorporated area of a county. See Utah Code 54-17-902
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Municipality: means a city or a town as defined in Section 10-1-104. See Utah Code 54-17-902
  • Ongoing costs: means the costs allocated to the state for transmission and distribution facilities, retail services, and generation assets that are not replaced assets. See Utah Code 54-17-902
  • Participating community: means a municipality or a county:
(a) whose residents are served by a qualified utility; and
(b) the municipality or county meets the requirements in Section 54-17-903. See Utah Code 54-17-902
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-17-902
  • 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
    • (2)  The application shall include:

    (a)  the names of each municipality and county to be served by the community renewable energy program;

    (b)  a map of the geographic boundaries of each municipality and county;

    (c)  the number of customers served by the qualified utility within those boundaries;

    (d)  projected rates for participating customers that take into account:

    (i)  the estimated number of customers expected to participate in the program;

    (ii)  the quantifiable costs and benefits to the qualified utility and all of the qualified utility’s customers in their capacity as ratepayers of the qualified utility, excluding costs or benefits that do not directly affect the qualified utility, including as applicable:

    (A)  replaced assets;

    (B)  auxiliary services; and

    (C)  new renewable energy resources used to serve the community renewable energy program; and

    (iii)  the ongoing costs at the time of the application;

    (e)  the agreement entered into with the qualified utility under Section 54-17-903;

    (f)  a proposed plan established by the participating community addressing low-income programs and assistance;

    (g)  a proposed solicitation process for the acquisition of renewable energy resources as provided in Section 54-17-908; and

    (h)  any other information the commission may require by rule.

    (3)  The commission may approve an application for a community renewable energy program if the commission finds:

    (a)  the application meets all of the requirements in this section and administrative rules adopted by the commission in accordance with Sections 54-17-908 and 54-17-909 to implement this part; and

    (b)  the community renewable energy program is in the public interest.

    (4)  The rates approved by the commission for participating customers:

    (a)  shall be based on the factors included in Subsection (2)(d) and any other factor determined by the commission to be in the public interest;

    (b)  may not result in any shift of costs or benefits to any nonparticipating customer, or any other customer of the qualified utility beyond the participating community boundaries; and

    (c)  shall take into account any quantifiable benefits to the qualified utility, and the qualified utility’s customers, including participating customers in their capacity as ratepayers of the qualified utility, excluding costs or benefits that do not directly affect the qualified utility’s costs of service.

    (5) 

    (a)  Each municipality or county included in the application shall be a party to the regulatory proceeding.

    (b)  A municipality or county identified in the application shall provide information to all relevant parties in accordance with the commission’s rules for discovery, notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act.

    (6)  The community renewable energy program may not be implemented until after the municipality or county adopts the ordinance required in Section 54-17-903.

    Enacted by Chapter 471, 2019 General Session

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