Section 202 – Out-of-state distribution electrical cooperative — Exemption from commission jurisdiction.

• (1) As used in this section, “out-of-state distribution electrical cooperative” means an electrical corporation that:
  • (a) is a distribution electrical cooperative;
  • (b) is headquartered and maintains its principal place of business in a state adjoining Utah; and
  • (c) provides electric services to consumers located in Utah.

• (2) An out-of-state distribution electrical cooperative is exempt from regulation by the commission if the out-of-state distribution electrical cooperative:
  • (a) has not previously been headquartered or maintained its principal place of business in Utah;
  • (b) serves fewer than 25,000 total customers;
  • (c) provides less than 20% of the out-of-state distribution electrical cooperative’s total power sales in Utah; and
  • (d) provides and maintains on file with the commission written documentation certifying that the out-of-state distribution electrical cooperative is subject to the applicable laws, rules, and regulations of the state where the out-of state distribution electrical cooperative’s principal place of business is located.

• (3) Notwithstanding the other provisions of this section, the commission may exercise the commission’s authority applicable to a distribution electrical cooperative pursuant to this title if:
  • (a) the out-of-state distribution electrical cooperative fails to meet any of the qualifications of Subsection (2); or
  • (b) a complaint is filed against the out-of-state distribution electrical cooperative by one of the out-of-state distribution electrical cooperative’s customers within Utah.

Enacted by Chapter 332, 2018 General Session