54-17-304. Order to proceed.
- (1)
- (a) In the event of a change in circumstances or projected costs, an affected electrical utility may seek a commission review and determination of whether the affected electrical utility should proceed with the implementation of an approved significant energy resource decision.
- (b) In making a determination under this Subsection (1), the commission shall use the standards identified in Subsection 54-17-302(3)(c).
- (c) Before making a determination under this Subsection (1) the commission:
- (i) may hold a public hearing; and
- (ii) shall provide an opportunity for public comment.
- (2) Unless the commission determines that additional time is warranted and is in the public interest, within 60 days of the day on which the affected electrical utility files a request for commission review and determination under this section, the commission shall:
- (a) issue an order:
- (i) determining that the affected electrical utility should proceed with the implementation of the significant energy resource decision;
- (ii) making findings as to the total projected costs for construction or acquisition of the approved significant energy resource; and
- (iii) stating the basis upon which the findings described in Subsection (2)(a)(ii) are made; or
- (b) issue an order determining that the affected electrical utility should not proceed with the implementation of the significant energy resource decision.
- (a) issue an order:
- (3) If the commission determines that the affected electrical utility should proceed with the implementation of the approved significant energy resource decision, the commission shall, in a general rate case or other appropriate commission proceeding, include in the affected electrical utility’s retail electric rates the state’s share of costs:
- (a) relevant to that proceeding;
- (b) incurred by the affected electrical utility in constructing or acquiring the approved significant energy resource; and
- (c) up to the projected costs as specified in the commission’s order issued under Subsection (2)(a).
- (4) If the commission determines that the affected electrical utility should not proceed with the implementation of the approved significant energy resource decision, the commission shall, in a general rate case or other appropriate commission proceeding, include in the affected electrical utility’s retail electric rates the state’s share of costs:
- (a) relevant to that proceeding; and
- (b) incurred by the affected electrical utility in constructing or acquiring the approved significant energy resource before issuance of a determination not to proceed, including any prudently incurred costs of terminating the approved significant energy resource decision.
- (5) A commission order under this section not to proceed with the implementation of a significant energy resource may not prejudice:
- (a) the right of an affected electrical utility to:
- (i) continue to implement the significant energy resource decision; and
- (ii) seek recovery of costs incurred after a determination not to proceed in a future rate proceeding; or
- (b) the right of any other party to support or oppose recovery of costs sought under Subsection (5)(a)(ii).
- (a) the right of an affected electrical utility to:
- (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules regarding the process for the commission’s review and determination on a request for an order to proceed under this section.
Amended by Chapter 382, 2008 General Session