54-17-404 - Order to proceed.
54-17-404. Order to proceed.
(1) (a) In the event of a change in circumstances or projected costs, an energy utility mayseek a commission review and determination of whether the energy utility should proceed withthe implementation of an approved resource decision.
(b) In making a determination under this Subsection (1), the commission shall use thestandards identified in Subsection 54-17-402(3)(b).
(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 thepublic interest, within 60 days of the day on which the energy utility files a request forcommission review and determination under this section, the commission shall:
(a) issue an order:
(i) determining that the energy utility should proceed with the implementation of theresource decision;
(ii) making findings as to the total projected costs of the approved resource decision; 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 energy utility should not proceed with theimplementation of the resource decision.
(3) If the commission determines that the energy utility should proceed with theimplementation of the approved resource decision, the commission shall, in a general rate case orother appropriate commission proceeding, include in the energy utility's retail rates the state'sshare of costs:
(a) relevant to that proceeding;
(b) incurred by the energy utility in implementing the approved resource decision; and
(c) up to the projected costs as specified in the commission's order issued underSubsection (2)(a).
(4) If the commission determines that the energy utility should not proceed with theimplementation of the approved resource decision, the commission shall, in a general rate case orother appropriate commission proceeding, include in the energy utility's retail rates the state'sshare of costs:
(a) relevant to that proceeding; and
(b) incurred by the energy utility in implementing the approved resource decision beforeissuance of a determination not to proceed, including any prudently incurred costs of terminatingthe approved resource decision.
(5) A commission order under this section not to proceed with the implementation of aresource decision may not prejudice:
(a) the right of an energy utility to:
(i) continue to implement the resource decision; and
(ii) seek recovery of costs incurred after a determination not to proceed in a future rateproceeding; or
(b) the right of any other party to support or oppose the recovery sought under Subsection(5)(a)(ii).
(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 anddetermination on a request for an order to proceed under this section.
Amended by Chapter 382, 2008 General Session