§ 54-17-402 — Request for review of resource decision.

(1) Beginning on February 25, 2005, before implementing a resource decision, an energy utility may request that the commission approve all or part of a resource decision in accordance with this part.
(2) (2)(a) To obtain the approval permitted by Subsection (1), the energy utility shall file a request for approval with the commission.
(2)(b) The request for approval required by this section shall include any information required by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)(c) A request for approval of natural gas infrastructure development shall include:
(2)(c)(i) a description of the proposed rural gas infrastructure development project;
(2)(c)(ii) an explanation of projected benefits from the proposed rural gas infrastructure development project;
(2)(c)(iii) the estimated costs of the rural gas infrastructure development project; and
(2)(c)(iv) any other information the commission requires.
(3) In ruling on a request for approval of a resource decision, the commission shall determine whether the decision:
(3)(a) is reached in compliance with this chapter and rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(3)(b) is in the public interest, taking into consideration:
(3)(b)(i) (3)(b)(i)(A) the dispatchability of the energy resource;
(3)(b)(i)(B) the state's desire to have proven dispatchable generation resources operating within the state to ensure adequate resources to reliably meet the state's energy needs and to make needed dispatchable generation from proven dispatchable energy generation resources available to the bulk electric system to support reliability;
(3)(b)(i)(C) whether the proposal is consistent with the state energy policy described in Section 79-6-301;
(3)(b)(i)(D) whether it will most likely result in the acquisition, production, and delivery of utility services at the lowest reasonable cost to the retail customers of an energy utility located in this state, including any lowered costs resulting from the ability to sell excess energy generated in an interstate energy market;
(3)(b)(i)(E) long-term and short-term impacts;
(3)(b)(i)(F) risk;
(3)(b)(i)(G) reliability;
(3)(b)(i)(H) financial impacts on the energy utility; and
(3)(b)(i)(I) other factors determined by the commission to be relevant; or
(3)(b)(ii) for a request for approval of rural gas infrastructure development:
(3)(b)(ii)(A) the potential benefits to previously unserved rural areas;
(3)(b)(ii)(B) the potential number of new customers;
(3)(b)(ii)(C) natural gas consumption; and
(3)(b)(ii)(D) revenues, costs, and other factors determined by the commission to be relevant.
(4) In a decision relating to a request for approval of rural gas infrastructure development, the commission may determine that spreading all or a portion of the costs of the rural gas infrastructure development to the larger customer base is in the public interest.
(5) (5)(a) If the commission approves a proposed resource decision only in part, the commission shall explain in the order issued under this section why the commission does not approve the resource decision in total.
(5)(b) Recovery of expenses incurred in connection with parts of a resource decision that are not approved is subject to the review of the commission as part of a rate hearing under Section 54-7-12.
(6) The commission may not approve a resource decision in whole or in part under this section before holding a public hearing.
(7) Unless the commission determines that additional time to analyze a resource decision is warranted and is in the public interest, within 180 days of the day on which the energy utility files a request for approval, the commission shall:
(7)(a) approve all or part of the resource decision;
(7)(b) approve all or part of the resource decision subject to conditions imposed by the commission; or
(7)(c) disapprove all or part of the resource decision.
(8) The commission shall include in the commission's order under this section:
(8)(a) findings as to the approved projected costs of a resource decision; and
(8)(b) the basis upon which the findings described in Subsection (8)(a) are made.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules regarding the process for approval of a resource decision under this section.

Legislative History

Amended by Chapter 214, 2024 General Session