(1)  Except as provided in Chapter 8b, Public Telecommunications Law, a public utility may not:

Terms Used In Utah Code 54-3-8

  • 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
  • Person: means :Utah Code 68-3-12.5
  • Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
    • (a)  as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any person, or subject any person to any prejudice or disadvantage; and

    (b)  establish or maintain any unreasonable difference as to rates, charges, service or facilities, or in any other respect, either as between localities or as between classes of service.

    (2)  The commission shall have power to determine any question of fact arising under this section.

    (3)  This section does not apply to, and the commission may not enforce this chapter concerning, a schedule, classification, rate, price, charge, fare, toll, rental, rule, service, facility, or contract of an entity described in Subsection 54-2-1(9)(b)(iii) or (iv), (21), or (23)(h), or if the electricity is consumed by an eligible customer for the eligible customer’s own use or the use of the eligible customer’s tenant or affiliate.

    Amended by Chapter 314, 2022 General Session

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