Utah Administrative Code
Topic - Public Service Commission
Title R746 - Administration
Rule R746-314 - Rules Governing the Community Renewable Energy Program
Section R746-314-401 - Program Application and Approval Requirements; Rates; Participating Communities
Universal Citation: UT Admin Code R 746-314-401
Current through Bulletin 2025-12, June 15, 2025
(1) The utility shall file an application with the Commission for approval of the program requirements and design.
(2) Each eligible community identified in the application filed with the Commission shall, as specified in Subsection 54-17-904(5), be a party to the application proceeding and, for purposes of such proceeding:
(a) shall comply with the Commission's
discovery rules; and
(b) may not
object to a discovery request on the basis that the request is a records
request under Title 63G, Chapter 2, Government Records Access and Management
Act.
(3) The utility shall include at least the following in support of its application:
(a) the name of each such eligible community;
(b) maps depicting the geographic
boundaries of each such eligible community;
(c) the proposed ordinance language that each
such eligible community must adopt to become a participating
community;
(d) the number of
customers served by the utility within the geographic boundaries of each such
eligible community, including:
(i) the number
of customers served under each rate schedule within each such eligible
community;
(ii) monthly kWh load
for each customer class within each such eligible community; and
(iii) a ten-year load forecast for each
customer class;
(e)
projected program rates for each class of participating customer, including
workpapers that provide:
(i) an explanation
of the proposed rate design that covers at least the following:
(A) a description of how both fixed and
variable cost components related to both the program and ongoing costs will be
allocated to each customer class and recovered through the proposed program
rates; and
(B) identification of
other current or known rate adjustments applicable to the participating
customers;
(ii) a
reasonable range of projected rates based on high, medium, and low estimates of
customer participation, along with an explanation for the estimation
methodology, which may be based on other prior program experience; and
(iii) projected quantifiable costs
and benefits of the program, with a demonstration of how they are reflected in
the proposed program rates, excluding costs and benefits that do not directly
affect the utility;
(f)
a description of the proposed process for periodic, not more than annually,
rate adjustment filings, including a proposed schedule or dates for such
filings, which filings shall include:
(i) an
accounting of program expenses;
(ii) the projected costs and revenues for the
following year of the program; and
(iii) any proposed changes to program rates,
termination fees, tariffs, or other associated program charges;
(g) proposed tariff changes to
implement the program;
(h) the
utility agreement;
(i) the
governance agreement;
(j) a
description of the plan proposed by each eligible community addressing
low-income programs and assistance;
(k) the proposed solicitation process for
acquiring renewable energy resources for the program in accordance with Section
R746-314-402;
(l) the proposed form of opt-out
notices;
(m) the projected
implementation date for the program;
(n) other informational materials on the
program to be provided or made available to eligible customers; and
(o) an explanation of how non-participating
customers and the utility will not be subject to any program liabilities or
costs.
(4) The Commission may approve the program if:
(a) the
application meets all applicable requirements of the Utah Code and Commission
rules; and
(b) the Commission finds
that the program is in the public interest.
(5) Any rates approved by the Commission for participating customers:
(a) shall be based
on the factors enumerated in Subsection
R746-314-401(3)(d)
and Subsection R746-314-401(3)(e);
and
(b) may not result in a
shifting of costs or benefits to customers of the utility that are not eligible
or have elected not to participate in the program.
(6) Following a Commission order approving the program, an eligible community identified in the application must pass an ordinance as required by Subsection 54-17-903(2)(c) in order to become a participating community.
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