54-17-304 - Order to proceed.
54-17-304. Order to proceed.
(1) (a) In the event of a change in circumstances or projected costs, an affected electricalutility may seek a commission review and determination of whether the affected electrical utilityshould proceed with the implementation of an approved significant energy resource decision.
(b) In making a determination under this Subsection (1), the commission shall use thestandards identified in Subsection 54-17-302(3)(c).
(c) Before making a determination under this Subsection (1) the commission:
(i) may hold a public hearing; and
(ii) shall provide an opportunity for public comment.
(2) Unless the commission determines that additional time is warranted and is in thepublic interest, within 60 days of the day on which the affected electrical utility files a request forcommission review and determination under this section, the commission shall:
(a) issue an order:
(i) determining that the affected electrical utility should proceed with the implementationof the significant energy resource decision;
(ii) making findings as to the total projected costs for construction or acquisition of theapproved significant energy resource; and
(iii) stating the basis upon which the findings described in Subsection (2)(a)(ii) are made;or
(b) issue an order determining that the affected electrical utility should not proceed withthe implementation of the significant energy resource decision.
(3) If the commission determines that the affected electrical utility should proceed withthe implementation of the approved significant energy resource decision, the commission shall,in a general rate case or other appropriate commission proceeding, include in the affectedelectrical utility's retail electric rates the state's share of costs:
(a) relevant to that proceeding;
(b) incurred by the affected electrical utility in constructing or acquiring the approvedsignificant energy resource; and
(c) up to the projected costs as specified in the commission's order issued underSubsection (2)(a).
(4) If the commission determines that the affected electrical utility should not proceedwith the implementation of the approved significant energy resource decision, the commissionshall, in a general rate case or other appropriate commission proceeding, include in the affectedelectrical utility's retail electric rates the state's share of costs:
(a) relevant to that proceeding; and
(b) incurred by the affected electrical utility in constructing or acquiring the approvedsignificant energy resource before issuance of a determination not to proceed, including anyprudently incurred costs of terminating the approved significant energy resource decision.
(5) A commission order under this section not to proceed with the implementation of asignificant energy resource may not prejudice:
(a) the right of an affected electrical utility to:
(i) continue to implement the significant energy resource decision; and
(ii) seek recovery of costs incurred after a determination not to proceed in a future rateproceeding; or
(b) the right of any other party to support or oppose recovery of costs sought under
Subsection (5)(a)(ii).
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thecommission shall make rules regarding the process for the commission's review anddetermination on a request for an order to proceed under this section.
Amended by Chapter 382, 2008 General Session