54-17-302 - Approval of a significant energy resource decision required.
54-17-302. Approval of a significant energy resource decision required.
(1) If pursuant to Part 2, Solicitation Process, an affected electrical utility is required toconduct a solicitation for a significant energy resource or obtains a waiver of the requirement toconduct a solicitation under Section 54-17-501, but does not obtain a waiver of the requirementto obtain approval of the significant energy resource decision under Section 54-17-501, theaffected electrical utility shall obtain approval of its significant energy resource decision:
(a) after the completion of the solicitation process, if the affected electrical utility isrequired to conduct a solicitation; and
(b) before an affected electrical utility may construct or enter into a binding agreement toacquire the significant energy resource.
(2) (a) To obtain the approval required by Subsection (1), the affected electrical utilityshall file a request for approval with the commission.
(b) The request for approval required by this section shall include any informationrequired by the commission by rule made in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act.
(3) In ruling on a request for approval of a significant energy resource decision, thecommission shall determine whether the significant energy resource decision:
(a) is reached in compliance with this chapter and rules made in accordance with Title63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) (i) is reached in compliance with the solicitation process approved by the commissionin accordance with Part 2, Solicitation Process; or
(ii) is reached after the waiver of the solicitation process as provided in Subsection54-17-201(3); and
(c) is in the public interest, taking into consideration:
(i) whether it will most likely result in the acquisition, production, and delivery ofelectricity at the lowest reasonable cost to the retail customers of an affected electrical utilitylocated in this state;
(ii) long-term and short-term impacts;
(iii) risk;
(iv) reliability;
(v) financial impacts on the affected electrical utility; and
(vi) other factors determined by the commission to be relevant.
(4) The commission may not approve a significant energy resource decision under thissection before holding a public hearing.
(5) Unless the commission determines that additional time to analyze a significant energyresource decision is warranted and is in the public interest, within 120 days of the day on whichthe affected electrical utility files a request for approval, the commission shall:
(a) approve the significant energy resource decision;
(b) approve the significant energy resource decision subject to conditions imposed by thecommission; or
(c) disapprove the significant energy resource decision.
(6) The commission shall include in its order under this section:
(a) findings as to the total projected costs for construction or acquisition of an approvedsignificant energy resource; and
(b) the basis upon which the findings described in Subsection (6)(a) are made.
(7) Notwithstanding any other provision of this part, an affected electrical utility mayacquire a significant energy resource without obtaining approval pursuant to this section if itobtains a waiver of the requirement for approval in accordance with Section 54-17-501.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thecommission shall make rules regarding the process for approval of a significant energy resourcedecision under this section.
Amended by Chapter 374, 2008 General Session
Amended by Chapter 382, 2008 General Session