§ 54-17-806 — Qualified utility clean energy tariff.

(1) The commission may authorize a qualified utility to implement a clean energy tariff in accordance with this section if the commission determines the tariff that the qualified utility proposes is reasonable and in the public interest.
(2) The commission may authorize a tariff under Subsection (1) to apply to:
(2)(a) a qualified utility customer with an aggregated electrical load of at least five megawatts; or
(2)(b) a combination of qualified utility customers who are separately metered if:
(2)(b)(i) the aggregated electrical load of the qualified utility customers is at least five megawatts; and
(2)(b)(ii) each of the qualified utility customers is located within a project area, as defined in Section 11-58-102.
(3) A customer who agrees to take service that is subject to the clean energy tariff under this section shall pay:
(3)(a) the customer's normal tariff rate;
(3)(b) an incremental charge in an amount equal to the difference between the cost to the qualified utility to supply clean generation to the clean energy tariff customer and the qualified utility's avoided costs as defined in Subsection 54-2-1(1), or a different methodology recommended by the qualified utility; and
(3)(c) an administrative fee in an amount approved by the commission.
(4) The commission shall allow a qualified utility to recover the qualified utility's prudently incurred cost of clean generation procured pursuant to the tariff established in this section that is not otherwise recovered from the proceeds of the tariff paid by customers agreeing to service that is subject to the clean energy tariff.

Legislative History

Amended by Chapter 53, 2024 General Session