State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-14 > 54-14-305

54-14-305. Written decisions of board.
(1) The board shall issue a written decision on the review expeditiously and, in anyevent, not later than 45 days following the initial hearing.
(2) The written decision shall:
(a) specify whether the facility should be constructed and, if so, whether anyrequirements or conditions imposed by the local government may not be imposed because theyimpair the ability of the public utility to provide safe, reliable, and adequate service to itscustomers; and
(b) resolve any dispute regarding:
(i) the standard cost or estimated excess cost of the facility;
(ii) the date on which construction of the facility should commence in order to avoid asignificant risk of impairment of safe, reliable, and adequate service to customers of the publicutility;
(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) apportionment of the actual excess cost of the facility between the local governmentand the public utility pursuant to Subsection 54-14-303(7); or
(v) the proposed location and siting of a facility subject to Title 54, Chapter 18, Siting ofHigh Voltage Power Line Act, and in accordance with Section 54-14-102.
(3) (a) Notwithstanding Subsection (6), the written decision of the board may designatethe facility route for a high voltage transmission line pursuant to a dispute described underSection 54-14-304.
(b) The public utility shall be entitled to recover from its ratepayers any actual excesscosts apportioned to it under Subsection (2)(b)(iv).
(4) If the board determines that a facility that a local government has prohibited shouldbe constructed, the written decision shall specify any general location parameters required toprovide safe, reliable, adequate, and efficient service to the customers of the public utility.
(5) The written decision shall leave to the local government any issue that does not affectthe provision of safe, reliable, adequate, and efficient service to customers of the public utility orthat does not involve an estimated excess cost.
(6) With respect to local government requirements or conditions that impose anestimated excess cost but do not impair the provision of safe, reliable, and adequate service to thecustomers of the public utility, the written decision shall leave each siting issue to the localgovernment except determination of the estimated excess cost and determination of when theconstruction of the facility should commence.
(7) In determining when the construction of the facility should commence, the boardshall consider whether the public utility sought a permit, authorization, approval, exception, orwaiver from the local government in a timely manner based upon reasonably foreseeableconditions, and, if the board determines that the public utility did not do so, it shall allowsufficient time for the local government to pay any actual excess cost that may be imposed as aresult of requirements or conditions the local government has imposed that do not impair theprovision of safe, reliable, and adequate service to customers of the public utility.

Amended by Chapter 316, 2009 General Session