Utah Code 54-17-905. Customer participation — Election not to participate

54-17-905. Customer participation — Election not to participate.

(1)

Terms Used In Utah Code 54-17-905

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
Initial opt-out period: means the period of time immediately after the community renewable energy program's commencement, as established by the commission by rule made pursuant to Section 54-17-909, during which a participating customer may elect to leave the program without penalty. See Utah Code 54-17-902
Municipality: means a city or a town as defined in Section 10-1-104. 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

Participating customer: means :

(a)	a customer of a qualified utility located within the boundary of a municipality or county where a community renewable energy program has been approved by the commission; and

(b)

the customer has not exercised the right to not participate in the community renewable energy program as provided in Section 54-17-905. See Utah Code 54-17-902

Person: means :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

(a)

After commission approval of a community renewable energy program and adoption of the ordinance by the participating community as required in Section 54-17-903, a qualified utility shall provide notice to each of its customers within the participating community that includes:

(i)	the projected rates and terms of participation in the community renewable energy program approved by the commission;

(ii)	an estimated comparison to otherwise applicable existing rates;

(iii)

an explanation that the customer may elect to not participate in the community renewable energy program by notifying the qualified utility; and

(iv)	any other information required by the commission.

(b)

The qualified utility shall provide the notice required under Subsection (1)(a) to each customer:

(i)	no less than twice within the period of 60 days immediately preceding the date required to opt out of the community renewable energy program; and

(ii)	separately from the customer’s monthly billing.

(c)	The qualified utility shall provide the information required under Subsection (1)(a) in person to each customer with an electric load of one megawatt or greater measured at a single meter.

(2)

(a)	An existing customer of the qualified utility may elect to not participate in the community renewable energy program and continue to pay applicable existing rates by giving notice to the qualified utility in the manner and within the time period determined by the commission.

(b)

After implementation of the community renewable energy program:

(i)	a customer that previously elected not to participate in the program may become a participating customer as allowed by commission rules and by giving notice to the qualified utility in the manner required by the commission; and

(ii)

a customer of the qualified utility that begins taking electric service within a participating community after the date of implementation of the community renewable energy program shall:

(A)	be given notice as determined by the commission; and

(B)	shall become a participating customer unless the person elects not to participate by giving notice to the qualified utility in the manner and within the time period determined by the commission.

(3)

(a)	A customer that does not opt out of the community renewable energy program under Subsection (2) may later discontinue participation in the community renewable energy program as allowed by the commission as described in Subsection (3)(b) or (c).

(b)

(i)	During the initial opt-out period, a participating customer may elect to leave the program by giving notice to the qualified utility in the manner determined by the commission.

(ii)	A participating customer that opts out as described in Subsection (3)(b)(i) is not subject to a termination charge.

(c)

After the community renewable energy program’s initial opt-out period, a participating customer may elect to leave the program by:

(i)	giving notice to the qualified utility in the manner determined by the commission; and

(ii)

paying a termination charge as determined by the commission that may include the cost of renewable energy resources acquired or constructed for the community renewable energy program that are not being utilized by participating customers as necessary to prevent shifting costs to other customers of the qualified utility.

(4)

(a)	A customer of a qualified utility that is annexed into the boundaries of a participating community after the effective date of the community renewable energy program shall be given notice as provided in Subsection (1) advising the customer of the option to opt out of the program.

(b)	A participating customer located in a portion of a county that is annexed into a municipality that is not a participating community shall continue to be included in the renewable energy program if the customer remains a customer of the qualified utility.

(c)

If a participating customer is annexed into a municipality that provides electric service to the municipality’s residents:

(i)	the customer may continue to be served by the qualified utility under the community renewable energy program if the qualified utility enters into an agreement with the municipality under Section 54-3-30; or

(ii)	the municipality shall pay the termination charge for each participating customer that is no longer served by the qualified utility.

(5)	A residential customer that is participating in the net metering program under Title 54, Chapter 15, Net Metering of Electricity, may not be a participating customer under this part.

(6)

(a)	The cost of providing notice under Subsection (1) shall be paid by the participating communities.

(b)	All other notices required under this section shall be paid for as program costs and recovered through participating customers’ rates.

Enacted by Chapter 471, 2019 General Session

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