State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-17 > 54-17-402

54-17-402. Request for review of resource decision.
(1) Beginning on February 25, 2005, before implementing a resource decision, an energyutility may request that the commission approve all or part of a resource decision in accordancewith this part.
(2) (a) To obtain the approval permitted by Subsection (1), the energy utility shall file arequest for approval with the commission.
(b) The request for approval required by this section shall include any informationrequired by the commission by rule made in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act.
(3) In ruling on a request for approval of a resource decision, the commission shalldetermine whether the decision:
(a) is reached in compliance with this chapter and rules made in accordance with Title63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b) is in the public interest, taking into consideration:
(i) whether it will most likely result in the acquisition, production, and delivery of utilityservices at the lowest reasonable cost to the retail customers of an energy utility located in thisstate;
(ii) long-term and short-term impacts;
(iii) risk;
(iv) reliability;
(v) financial impacts on the energy utility; and
(vi) other factors determined by the commission to be relevant.
(4) (a) If the commission approves a proposed resource decision only in part, thecommission shall explain in the order issued under this section why the commission does notapprove the resource decision in total.
(b) Recovery of expenses incurred in connection with parts of a resource decision thatare not approved is subject to the review of the commission as part of a rate hearing underSection 54-7-12.
(5) The commission may not approve a resource decision in whole or in part under thissection before holding a public hearing.
(6) Unless the commission determines that additional time to analyze a resource decisionis warranted and is in the public interest, within 180 days of the day on which the energy utilityfiles a request for approval, the commission shall:
(a) approve all or part of the resource decision;
(b) approve all or part of the resource decision subject to conditions imposed by thecommission; or
(c) disapprove all or part of the resource decision.
(7) The commission shall include in its order under this section:
(a) findings as to the approved projected costs of a resource decision; and
(b) the basis upon which the findings described in Subsection (7)(a) are made.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thecommission shall make rules regarding the process for approval of a resource decision under thissection.

Amended by Chapter 382, 2008 General Session