§ 54-3-33 — Eligible customer energy supply contract.

(1) The commission may approve a contract between a large-scale electric utility and a customer of a large-scale electric utility that is eligible to transfer electric service to a non-utility energy supplier under Section 54-3-32.
(2) The commission shall exempt a customer that enters into a contract described in Subsection (1) from paying the costs recovered under Subsection 54-7-12.8(3), except the costs of the Utah solar incentive program included in Subsection 54-7-12.8(3)(b).
(3) If an eligible customer that enters into a contract described in Subsection (1) has provided notice to the commission under Subsection 54-3-32(3), the notice is not considered withdrawn under Subsection 54-3-32(4)(c) by the customer entering into the contract.
(4) Notwithstanding Subsection 54-3-32(4)(c), if the commission approves a contract under this section for an eligible customer that states a contract termination date that is after December 31, 2020, the notice described in Subsection 54-3-32(3)(a) is not considered to be withdrawn unless a transfer of service under Section 54-3-32 does not occur before the later of:

(4)(a) the day three years after the termination date stated in the contract; or
(4)(b) 18 months after the intended date of transfer of service described in Subsection 54-3-32(3)(a)(ii).

Legislative History

Enacted by Chapter 393, 2016 General Session