§ 37-3-404 — Wildfire mitigation plans; commission approval

(a) An electric utility shall apply to the commission for
approval of a wildfire mitigation plan.
(b) Upon receiving an application for approval of a
wildfire mitigation plan, the commission shall, not later than
one hundred twenty (120) days after receipt, unless the
commission deems it is necessary to continue the implementation
of the wildfire mitigation plan for a longer period of time and
the commission has entered an order confirming the continuance
and stating the facts making the continuance necessary, approve
the plan if the plan is reasonable, in the public interest and
appropriately balances the costs of implementing the plan with
the risks of a potential wildfire. For electric utilities whose
rates are regulated by the commission, approval of a wildfire
mitigation plan shall not automatically confer to the electric
utility the right to recover the costs associated with the
wildfire mitigation plan. An electric utility whose rates are
regulated by the commission may seek, and the commission may
authorize, cost recovery for the costs associated with
implementing a wildfire mitigation plan.
(c) Each electric utility shall submit subsequent or
updated plans to the commission not later than every fifth year
after the electric utility last submitted a plan to the
commission or as ordered by the commission. The commission shall
review and approve subsequent plans in accordance with
subsection (b) of this section.
(d) Not later than June 1 in the year following any year
in which the commission approves a wildfire mitigation plan
under this section, an electric utility shall file an annual
report with the commission detailing the electric utility's
compliance with the approved wildfire mitigation plan and shall
request an order of the commission finding that the electric
utility has substantially complied with the plan during the
preceding year.