54-2-202. Out-of-state distribution electrical cooperative — Exemption from commission jurisdiction.
| (1) |
As used in this section, “out-of-state distribution electrical cooperative” means an electrical corporation that:
Terms Used In Utah Code 54-2-202- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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) |
is a distribution electrical cooperative; |
| (b) |
is headquartered and maintains its principal place of business in a state adjoining Utah; and |
| (c) |
provides electric services to consumers located in Utah. |
|
| (2) |
An out-of-state distribution electrical cooperative is exempt from regulation by the commission if the out-of-state distribution electrical cooperative:
| (a) |
has not previously been headquartered or maintained its principal place of business in Utah; |
| (b) |
serves fewer than 25,000 total customers; |
| (c) |
provides less than 20% of the out-of-state distribution electrical cooperative’s total power sales in Utah; and |
| (d) |
provides and maintains on file with the commission written documentation certifying that the out-of-state distribution electrical cooperative is subject to the applicable laws, rules, and regulations of the state where the out-of state distribution electrical cooperative’s principal place of business is located. |
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| (3) |
Notwithstanding the other provisions of this section, the commission may exercise the commission’s authority applicable to a distribution electrical cooperative pursuant to this title if:
| (a) |
the out-of-state distribution electrical cooperative fails to meet any of the qualifications of Subsection (2); or |
| (b) |
a complaint is filed against the out-of-state distribution electrical cooperative by one of the out-of-state distribution electrical cooperative’s customers within Utah. |
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Enacted by Chapter 332, 2018 General Session
