Current through the 2024 Fourth Special Session
Section 54-2-202 - 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.Added by Chapter 332, 2018 General Session ,§ 1, eff. 5/8/2018.