Utah Code 54-3-33. Eligible customer energy supply contract

(1)	The commission may approve a contract between a large-scale electric utility and a customer of a large-scale electric utility that is eligible to transfer electric service to a non-utility energy supplier under Section 54-3-32.

Terms Used In Utah Code 54-3-33

Commission: means the Public Service Commission. See Utah Code 54-2-1
Contract: A legal written agreement that becomes binding when signed.
Eligible customer: means a person who:

(a)

on December 31, 2013:

(i)	was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and

(ii)	owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and

(b)

produces electricity:

(i)	from a qualifying power production facility for sale to a public utility in this state;

(ii)	primarily for the eligible customer's own use; or

(iii)	for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1 Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1
(2)	The commission shall exempt a customer that enters into a contract described in Subsection (1) from paying the costs recovered under Subsection 54-7-12.8(3), except the costs of the Utah solar incentive program included in Subsection 54-7-12.8(3)(b).

(3)	If an eligible customer that enters into a contract described in Subsection (1) has provided notice to the commission under Subsection 54-3-32(3), the notice is not considered withdrawn under Subsection 54-3-32(4)(c) by the customer entering into the contract.

(4)

Notwithstanding Subsection 54-3-32(4)(c), if the commission approves a contract under this section for an eligible customer that states a contract termination date that is after December 31, 2020, the notice described in Subsection 54-3-32(3)(a) is not considered to be withdrawn unless a transfer of service under Section 54-3-32 does not occur before the later of:

(a)	the day three years after the termination date stated in the contract; or

(b)	18 months after the intended date of transfer of service described in Subsection 54-3-32(3)(a)(ii).

Enacted by Chapter 393, 2016 General Session

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