State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-14 > 54-14-303

54-14-303. Actions or disputes for which board review may be sought.
(1) A local government or public utility may seek review by the board, if:
(a) a local government has imposed requirements on the construction of a facility thatresult in estimated excess costs without entering into an agreement with the public utility to payfor the actual excess cost, except any actual excess costs specified in Subsection 54-14-201(2)(a)or (2)(b), at least 30 days before the date construction of the facility should commence in order toavoid significant risk of impairment of safe, reliable, efficient, and adequate service to customersof the public utility;
(b) there is a dispute regarding:
(i) the estimated excess cost or standard cost of a facility;
(ii) when construction of a facility should commence in order to avoid significant risk ofimpairment of safe, reliable, and adequate service to customers of the public utility;
(iii) whether the public utility has sought a permit, authorization, approval, exception, orwaiver with respect to a facility sufficiently in advance of the date construction shouldcommence, based upon reasonably foreseeable conditions, to allow the local governmentreasonable time to pay for any estimated excess cost;
(iv) the geographic boundaries of a proposed corridor as set forth in a notice submittedby a public utility to a local government pursuant to the provisions of Subsection54-18-301(1)(a), provided the action is filed by the local government before the public utilityfiles an application for a land use permit as set forth in Subsection 54-18-304(1)(a); or
(v) a modification proposed by a local government to a utility's proposed corridor that isidentified in the public utility's notice of intent required pursuant to Subsection 54-18-301(3);
(c) a local government has required construction of a facility in a manner that will notpermit the utility to provide service to its customers in a safe, reliable, adequate, or efficientmanner;
(d) a local government has prohibited construction of a facility which is needed toprovide safe, reliable, adequate, and efficient service to the customers of the public utility;
(e) a local government has not made a final decision on the public utility's application fora permit, authorization, approval, exception, or waiver with respect to a facility within 60 days ofthe date the public utility applied to the local government for the permit, authorization, approval,exception, or waiver;
(f) a facility is located or proposed to be located in more than one local governmentjurisdiction and the decisions of the local governments regarding the facility are inconsistent; or
(g) a facility is proposed to be located within a local government jurisdiction to servecustomers exclusively outside the jurisdiction of the local government and there is a disputeregarding the apportionment of the actual excess cost of the facility between the localgovernment and the public utility.
(2) (a) If an action is filed by a local government pursuant to Subsection (1)(b)(iv) or (v)seeking a modification to a target study area or a proposed corridor, the local government shallprovide written notice of the action to any potentially affected landowner, as defined in Section54-18-102, or affected entity, as defined in Section 54-18-102.
(b) A potentially affected landowner, as defined in Section 54-18-102, or affected entity,as defined in Section 54-18-102, shall have a right to intervene as a party in the proceeding.

Amended by Chapter 316, 2009 General Session