Utah Admin. Code R36 — Public Service Commission

R746 Administration

R746-1 Public Service Commission Administrative Procedures Act Rule

Utah Admin. Code R746-1-101 Title and Organization

This rule R746-1 is:

(1) known as the "Public Service Commission Administrative Procedures Act Rule"; and

(2) organized into the following Parts:

(a) Part 100: General provisions;

(b) Part 200: Complaints and pleadings;

(d) Part 400: Pre-hearing briefs, comments, and testimony;

(e) Part 500: Discovery;

(f) Part 600: Confidential and highly confidential information;

(g) Part 700: Hearings; and

(h) Part 800: Post-hearing proceedings.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-102 Authority

This rule is adopted under Utah Code Section 54-1-1.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-103 Definitions

(1) "Applicant" means any person:

(a) applying for a license, right, or authority; or

(b) requesting agency action from the Commission.

(2) "Commission" is defined at Utah Code Subsection 54-2-1(4).

(3) "Complainant" means a person that files a complaint with the Commission, pursuant to R746-1-201.

(4) "Division" means the Division of Public Utilities, State of Utah Department of Commerce.

(5) "Intervenor" means a person that:

(a) files with the Commission a petition for intervention in a pending matter; and

(b) receives Commission approval to participate as a party.

(6) "Office" means the Office of Consumer Services, State of Utah Department of Commerce.

(7) "Party" means a person that is entitled to participate in a proceeding, pursuant to Utah Code Subsection 63G-4- 103(1)(f).

(8) "Person" is defined at Utah Code Subsection 63G-4-103(1)(g).

(9) "Presiding officer" is defined at Utah Code Subsection 63G-4-103(1)(h).

(10)(a) "Proceeding" or "adjudicative proceeding" means an action before the Commission, initiated by:

(i) a notice of agency action, pursuant to Utah Code Subsection 63G-4-201(1)(a);

(ii) a request for agency action, pursuant to Utah Code Subsection 63G-4-201(1)(b); or

(iii) a filing made pursuant to Utah Code Subsection 54-7-12(5).

(b) "Proceeding" does not include:

(i) an informal or preliminary inquiry or investigation undertaken by the Commission to determine whether a proceeding is warranted; or

(ii) rulemaking pursuant to Utah Code Title 63G, Chapter 3, the Utah Administrative Rulemaking Act.

(11) "Respondent" means a person:

(a) against whom a notice of agency action or request for agency action is directed; or

(b) required, or permitted by statute, to respond to an application, petition, or other request for agency action.

(12) "Responsive pleading" means any rejoinder to an initial pleading, including:

(a) an answer;

(b) a protest or opposition; or

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-104 Designation of Adjudicative Proceedings

(1) The following requests for agency action shall be adjudicated as informal proceedings:

(a) an unopposed application for a certificate of public convenience and necessity;

(b) a request for acknowledgment or approval of a telecommunications utility's name change; and

(c) an unopposed request for acknowledgment or approval of a merger, acquisition, or similar organizational restructuring that does not alter or affect the services provided by a telecommunications utility.

(2) A request for agency action not listed in Subsection R746-1-104(1) shall be adjudicated as a formal proceeding.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-105 Utah Rules of Civil Procedure

The Utah Rules of Civil Procedure and case law interpreting these rules are persuasive authority in Commission adjudications unless otherwise provided by:

(1) Title 63G, Chapter 4, Administrative Procedures Act;

(2) Utah Administrative Code R746; or

(3) an order of the Commission.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-106 Computation of Time

(1) Unless Subsection R746-1-106(2) applies, periods of time in Commission proceedings shall be computed pursuant to Utah Code Sections 68-3-7 and 68-3-8.

(2) Subsection R746-1-106(1) is superseded by any conflicting:

(a) order of the Commission;

(b) statute; or

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-107 Representation of Parties

(1) A party may:

(a) be represented by:

(i) an attorney licensed to practice in Utah; or

(ii) an attorney licensed in a foreign state, if the attorney provides the Commission with a certificate of good standing from the state where licensed;

(b) represent oneself individually; or

(2) An attorney who appears pursuant to Subsection R746-1-107(1)(a)(ii) is not required to:

(a) apply for pro hac vice admission to the Utah State Bar; or

(b) partner with counsel licensed in Utah.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-108 Intervention

(1) A person that wishes to intervene in a proceeding shall comply with Utah Code Section 63G-4-207.

(2) A person that is granted intervenor status:

(a) shall comply with the scheduling order issued in the docket; and

(b) may not file public comments unless the Commission's scheduling order provides for the filing of comments by a party.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-109 Deviation from Rules

(1) A party may move the Commission to deviate from a specified rule.

(2) The party making the motion to deviate has the burden to demonstrate that the rule imposes a hardship that outweighs the benefit(s) of the rule.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-110 Electronic Meetings

(1) An electronic meeting may be scheduled:

(a) by the Commission on its own initiative; or

(b) at the request of an interested person who is unable to attend in person.

(2) A person who requests an electronic meeting pursuant to R746-1-110(1)(b) shall submit the request to the Commission at least three business days prior to the scheduled meeting date and time.

(3) A quorum of the Commission is not required to be present at a single anchor location for an electronic meeting.

(4) Any number of separate connections for participants is allowed for an electronic meeting, unless the Commission limits the number of separate connections based on available equipment capability or other relevant and reasonable considerations.

(5) An electronic meeting will not be separately noticed solely to inform the public that one or more participants, including Commissioners, will participate telephonically.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-111 Minutes of Open Meetings

(1) The Commission's written decision or order issued after the hearing held in a docket shall constitute its approved minutes for purposes of the Open and Public Meetings Act.

(2) The hearing transcript may augment the Commission's approved minutes to clarify any requirement of Utah Code Ann. Section 52-4-203 that is not contained in the written decision or order.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-201 Complaints

A person who files a complaint with the Commission shall demonstrate:

(1) the person has attempted to work with the utility to resolve the complaint;

(2) the Division has reviewed the complaint and determined that the person has exhausted the Division's informal complaint resolution process; and

(3) the complaint has been served on the public utility, pursuant to R746-1-203(1)(f).

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-202 Title of Pleadings

(1) This Subsection R746-1-202 does not apply to complaints.

(2) A person that files a pleading shall include the following information in the title:

(a)(i) name and bar number of attorney preparing the pleading; or

(ii) if no attorney is involved, name of the person signing the pleading;

(b) address, telephone number, and e-mail address of the person identified in Subsection R746-1-202(2)(a);

(d) description of the action or relief requested;

(e) type of pleading; and

(f) docket number, if known.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-203 Form and Content of Complete Filing

(1) In order to be considered complete, a filing other than a complaint shall:

(a) be presented as a functional and searchable spreadsheet document, portable document file (PDF), or other electronic word processing document, as applicable;

(b) unless Subsection R746-1-203(5) applies, be filed electronically:

(i) by e-mail to psc@utah.gov, if the filing is strictly non-confidential; or

(ii) through the Commission's secure file transfer protocol (SFTP) server;

(c) be identified by an electronic file name that includes the following information, as applicable, in the following order:

(i) docket number;

(ii) identification of the type of filing, such as:

(A) testimony, specified as:

(I) confidential or redacted; and

(II) direct, rebuttal, surrebuttal, etc.;

(B) exhibit or workpaper:

(I) including exhibit or workpaper number; and

(II) specified as confidential or redacted;

(D) response or reply to specified motion;

(iii) last name of the person providing the content of the filing; and

(iv) name of the party on whose behalf the filing is made;

(d) be type-written in 12-point font, double spaced, and in a format that, if printed, would require 8-1/2 x 11-inch paper;

(e) per Utah Rule of Civil Procedure 11, be signed by an individual who has read the filing and believes that it is supported in fact and in law, which individual may include:

(i) the party;

(ii) the party's counsel; or

(iii) other authorized representative of the party; and

(f) include a certificate of service:

(i) stating that a true and correct copy of the filing was served upon each of the parties;

(ii) identifying the manner of service; and

(iii) identifying the date of service.

(2)(a) An electronic filing that does not comply with R746-1-203(1)(c) shall be rejected and, if re-filed, may be deemed untimely.

(b) In creating an electronic filing name pursuant to R746-1-203(1)(c), a person may use abbreviations that are reasonably calculated to convey the required information.

(3) An initial pleading shall:

(a) comply with Utah Code Subsection 63G-4-201(3)(a); and

(b) if a statute, rule, regulation, or other authority requires the Commission to act within a specific time period, include a specific section setting forth:

(i) a reference or citation to the statute, rule, regulation, or other authority;

(ii) the applicable time period; and

(iii) the expiration date of the applicable time period, identified by day, month, and year.

(4) A person that is requested by the Commission or by another party to provide a paper copy of a filing shall do so within a reasonable time.

(5)(a) A person that is unable to use e-mail or the Commission's SFTP server for electronic filing may file by paper or by disc if:

(i) the filing is accompanied by a motion for permission to deviate from the electronic filing rule; and

(ii) if submitted on paper, the filing is typed in a font of at least 12 points and double-spaced on 8-1/2 by 11-inch paper.

(b) If the SFTP server is unable to receive a document on the day it is due, the filing shall be deemed timely if uploaded to the SFTP server during business hours of the first business day on which the SFTP server again becomes available.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-204 Effective Date of Filing

(1) If filed with the Commission during regular business hours, a complete filing is effective on the date filed.

(2) If filed with the Commission after regular business hours, a complete filing is effective on the next business day.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-205 Amendment of Complaint or Initial Pleading

(1) A party that has filed a complete and effective complaint or initial pleading may amend the filing without leave of the Commission at any time before:

(a) a responsive pleading has been filed; or

(b) the time for filing a responsive pleading has expired.

(2) If a defect in a complaint or initial pleading does not affect the substantial rights of the parties, it does not require amendment.

(3) After a responsive pleading has been filed or the deadline for filing a responsive pleading has passed, a party may amend an initial pleading only with leave from the Commission.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-206 Responsive Pleadings

A response to a complaint or an initial pleading shall be filed in accordance with Utah Code Section 63G-4-204, unless the Commission establishes a different response deadline.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-301 Motions

Unless otherwise ordered by the Commission, briefing on a motion shall be as follows:

(1) Any response shall be filed within 15 days of the service date of the motion.

(2) Any reply shall be filed within 10 days of the service date of the response.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-401 Pre-hearing Briefs, Comments, and Testimony - General Requirements

(1) A party to a docket may file briefs, comments, or testimony, as applicable, only as required or permitted in the Commission's scheduling order, or as otherwise directed by the Commission.

(2) Pre-hearing filings and accompanying exhibits shall:

(a) utilize a sequential line numbering system; and

(b) comply with Subsection R746-1-203(1).

(3) If a filing includes any calculation, the calculation shall be provided in the original format with formulas intact.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-402 Pre-hearing Testimony - Inclusion in Record

(1)(a) A party may move the Commission to accept pre-hearing testimony into evidence without having it read under oath.

(b) Any such motion shall be subject to objection and argument.

(2) Pre-hearing testimony that is entered into evidence shall be subject to cross-examination.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-501 Discovery

(1) Parties shall attempt to complete informal discovery through written requests for information and records (data requests).

(2) If a party considers informal discovery pursuant to Subsection R746-1-501(1) to be insufficient, the party may move the Commission for formal discovery according to Rules 26 through 37 of the Utah Rules of Civil Procedure, with the following exceptions and modifications:

(a)(i) If no responsive pleading is required in a proceeding, parties may begin discovery immediately upon the filing and service of an initial pleading.

(ii) If a responsive pleading is required, discovery shall not begin until ten days after the time limit for filing the responsive pleading.

(b) Rule 26(a)(4) of the Utah Rules of Civil Procedure, which restricts discovery, shall not apply. The opinions, conclusions, and data developed by experts engaged by parties shall be freely discoverable unless a protective order is issued by the Commission.

(c) Discovery requests, regardless of how denominated, discovery responses, and transcripts of depositions shall not be filed with the Commission.

(d) Any reference in an applicable Rule of Civil Procedure to "the court" shall be considered a reference to the Commission.

(3) On request from a party or on the presiding officer's own initiative, the presiding officer may include in a scheduling order deadlines for:

(a) filing a petition for intervention;

(b) objecting to a discovery request;

(d) serving disclosures of evidence to be presented at hearing;

(e) completing discovery;

(f) filing dispositive and evidentiary motions; and

(g) filing pre-hearing testimony.

(4) An intervenor shall serve any request for discovery on the other parties to the docket.

(5) A party that requires a subpoena for discovery purposes shall:

(a) present the subpoena to the Commission for signature; and

(b) serve the subpoena pursuant to Utah Rule of Civil Procedure 45(b)(1).

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-601 Identification of Information Claimed to Be Confidential or Highly Confidential in Commission Proceedings

(1) A party to a docket may request that information provided to another party or included in the record be treated as confidential by:

(a) placing the information on a document with yellow background;

(b) highlighting the information with shading, text boxes, borders, asterisks, or other conspicuous formatting; and

(i) "CONFIDENTIAL - - SUBJECT TO UTAH PUBLIC SERVICE COMMISSION RULES R746-1-602 and 603"; or

(ii) "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER".

(2)(a) A person that files or is requested to provide information that the person considers to be highly confidential shall promptly:

(i) negotiate with the other parties mutually agreeable protections; or

(ii) petition the Commission for an order granting additional protective measures.

(b) The petitioning party shall set forth:

(i) the particular basis for the claim;

(ii) the specific, additional protective measures requested, which may include restricting or prohibiting specific individuals from accessing information; and

(iii) the reasonableness of the requested, additional protection.

(d) If the Commission grants a petition for additional protective measures, the party providing the highly confidential information shall:

(i) place the information on a document with a pink background;

(ii) highlight the information with shading, text boxes, borders, asterisks, or other conspicuous formatting; and

(iii) include the following designation, as applicable, on each page containing highly confidential information:

(A) "HIGHLY CONFIDENTIAL - - SUBJECT TO UTAH PUBLIC SERVICE COMMISSION RULES R746-1-602 and 603"; or

(B) "HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER".

(3) A person that files with the Commission a document containing confidential or highly confidential information shall:

(a) file a redacted version for public access; and

(b) ensure that the line numbering and formatting in the redacted version match, as closely as practicable, that appearing in the unredacted version.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-602 Persons Entitled to Review Confidential and Highly Confidential Information

(1)(a) The following persons are entitled to receive and review confidential and highly confidential information:

(i) Commission, including counsel and staff;

(ii) Division, including counsel and staff; and

(iii) Office, including counsel and staff.

(b)(i) Except as provided in Subsection R746-1-602(2), the following persons are entitled to receive and review confidential and highly confidential information after signing a non-disclosure agreement:

(A) counsel or other designated representative of each party, including, to the extent reasonably necessary, the counsel's or representative's:

(I) paralegals;

(II) administrative assistants; and

(III) clerical staff;

(B) persons designated by a party as an expert witness, including, to the extent reasonably necessary, the experts':

(I) administrative assistants; and

(II) clerical staff;

(D) any other person that signs a non-disclosure agreement.

(ii) Subsection R746-1-602(1)(b)(i) is superseded by any conflicting:

(A) agreement of the parties; or

(B) order of the Commission.

(c) The non-disclosure agreement required under Subsection R746-1-602(1)(b) shall read substantially as follows: "I have reviewed Public Service Commission of Utah Rule R746-1-603 and/or the Protective Order entered by the Public Service

Commission of Utah in Docket No. XX-XXX-XX with respect to the review and use of confidential information and agree to comply with the terms and conditions of the rule and/or Protective Order."

(2)(a) A person, including an expert who is employed or retained by a party, may not receive confidential or highly confidential information if, in performing the person's normal job functions, the person could use the information to the competitive disadvantage of the person providing the information.

(b) The party that wishes to restrict or deny access to confidential or highly confidential information under Subsection R746-1-602(2)(a) has the burden to demonstrate the competitive disadvantage claimed.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-603 Treatment of Confidential and Highly Confidential Information

(1) A person that receives confidential or highly confidential information may not use or disclose the information except:

(a) for the purpose of the Commission proceeding in which it was obtained, provided that the use within the Commission proceeding maintains confidentiality; or

(b) outside of a Commission proceeding, as required by law, provided that the person complies with Subsection R746-1-603(2).

(2) A person that is required by law to disclose confidential or highly confidential information outside of a Commission proceeding shall, prior to providing the information:

(a) give notice of the disclosure requirement, by telephone and in writing, to the person that first provided the information; and

(b) cooperate with the person that first provided the information to obtain a protective order or similar assurance of confidentiality.

(3) Notes made pertaining to, or as the result of, a review of confidential or highly confidential information shall be treated according to this Subsection R746-1-603.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-604 Challenge to Claim of Confidentiality

(1) A party may challenge another party's claim of confidentiality by filing a motion for an in camera proceeding.

(2) If granted, the record of an in camera proceeding shall be marked, as applicable, substantially as follows:

(a) "CONFIDENTIAL--SUBJECT TO RULE R746-1-604"; or

(b) "CONFIDENTIAL--SUBJECT TO PROTECTIVE ORDER".

(3)(a) An in camera hearing may be transcribed only upon:

(i) agreement of the parties; or

(ii) order of the Commission.

(b) Any transcription of an in camera hearing shall be separately bound, segregated, and withheld from any person not a party to the in camera hearing.

(4) Following an in camera hearing, if the Commission issues an order overturning a party's claim of confidentiality, the order:

(a) shall be subject to Utah Code Section 63G-4-301; and

(b) shall go into effect no sooner than 10 days after issuance.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-605 Receipt of Confidential and Highly Confidential Information into Evidence

(1)(a) A party that considers it necessary to discuss confidential information in a filing shall, to the extent possible, refer to the information by title, exhibit number, or other non-confidential description.

(b) A party that is not able to comply with Subsection R746-1-605(1)(a) shall:

(i) place the confidential information in a separate section of the filing;

(ii) mark the separate section "CONFIDENTIAL"; and

(iii) ensure that the confidential section of the filing is served only on:

(A) counsel of record or other designated representative of the party (one copy each) who has signed a nondisclosure agreement;

(B) counsel for the Division; and

(2)(a) A party that proposes to use another person's confidential or highly confidential information as evidence in a Commission proceeding shall arrange with the owner of the information circumstances that will allow the information to be used while keeping trade secrets and proprietary material confidential.

(b) If efforts taken pursuant to Subsection R746-1-605(2)(a) fail, the owner of the information shall move the Commission to segregate and withhold any portion of the record that would reveal trade secrets or proprietary information.

(c) If the Commission grants a motion to segregate and withhold a record, the moving party shall mark the record, as applicable, substantially as follows:

(i) "CONFIDENTIAL/HIGHLY CONFIDENTIAL--SUBJECT TO PUBLIC SERVICE COMMISSION OF UTAH RULE R746-1-605"; or

(ii) "CONFIDENTIAL/HIGHLY CONFIDENTIAL--SUBJECT TO PROTECTIVE ORDER".

(3) A party that considers it necessary to discuss a segregated confidential record during a Commission proceeding shall move the Commission for an in camera hearing.

(4)(a) Other than the Division, the Office, and counsel for a party, a person that obtains another person's confidential or highly confidential information during a proceeding shall, within 30 days after the docket is concluded:

(i) return to the owner of the information all records in the party's possession that reference the confidential information; or

(ii) certify that the information has been:

(A) turned over, in its entirety, to the person's counsel; or

(B) destroyed.

(b) The Division, the Office, and counsel for a party may retain confidential information as part of notes, workpapers, and other documents:

(i) constituting work product; and

(ii) subject to privilege or other applicable disclosure restriction.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-606 Commission Compliance with the Utah Government Records Access and Management Act

(1) A party's marking information as confidential or highly confidential does not ensure a classification of "private," "protected," or "classified" under the Utah Government Records Access and Management Act, Utah Code Title 63G, Chapter 2.

(2) A party whose confidential or highly confidential information is requested pursuant to Utah Code Title 63, Chapter 2, shall collaborate with the Commission to determine how the information should be classified under the statute.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-701 Witness Subpoenas

(1) A party that wishes to subpoena a witness for hearing shall:

(a) file the subpoena with the presiding officer at least 20 days prior to hearing;

(b) serve the subpoena on the witness pursuant to Utah Rule of Civil Procedure 45(b)(1); and

(2) Failure to obey the Commission's subpoena shall be considered contempt pursuant to Utah Code Subsection 54-7- 23(2).

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-702 Continuance of Scheduled Hearing

(1) A person requesting to continue a scheduled hearing shall demonstrate that:

(a) the request is supported by good cause; or

(b) all parties stipulate to the continuance.

(2) Unless otherwise ordered by the presiding officer, any objection to a request for continuance shall be filed no later than five days following the date on which the request is filed and served.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-703 Closing a Hearing

A party that wishes to close a hearing shall comply with Utah Code Subsection 54-3-21(4).

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-704 Public Witness Evidence

(1) A person not a party to a docket may:

(a) file comments prior to hearing; or

(b) appear during any public witness portion of a hearing to provide unsworn testimony.

(2) A party to a docket may file comments only if the Commission's scheduling order provides for the filing of comments by a party.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-705 Exhibits Offered at Hearing

(1) Parties shall:

(a) mark their exhibits before hearing;

(b) provide the original of each exhibit to the court reporter, if applicable; and

(i) the presiding officer; and

(ii) each party.

(2) If an exhibit offered at hearing contains information claimed to be confidential or highly confidential, the party offering the exhibit shall comply with Subsection R746-1-605.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

Utah Admin. Code R746-1-801 Post-hearing Proceedings

(1) Proceedings on review shall be in accordance with Utah Code Section 54-7-15.

(2) A person that challenges a finding of fact in a proceeding brought under Subsection R746-1-801(1) shall marshal the record evidence that supports the challenged finding, as set forth in State v. Nielsen, 2014 UT 10, Sections 33-44, 326 P.3d 645.

(3) Following the filing of a petition pursuant to Subsection R746-1-801(1), opposing parties may file responsive memoranda or pleadings within 15 days.

(4) A petition for rehearing pursuant to Utah Code Section 54-7-15 is required in order for a party to exhaust its administrative remedies prior to appeal.

History

KEY: public utilities, administrative proceedings, electronic filings and meetings, confidential information
Date of Last Change: May 10, 2018
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 54-1-1; 54-1-3; 54-1-6; 54-3-21; 54-4-1; 54-4-1.5; 54-4-2; 54-7-17; 63G-4

R746-8 Utah Universal Public Telecommunications Service Support Fund (UUSF)

Utah Admin. Code R746-8-100 Authority, Purpose, and Organization

(1) This rule is adopted under:

(a) Section 54-8b-10; and

(b) Section 54-8b-15.

(2) This rule:

(a) governs the methods, practices, and procedures by which:

(b) the UUSF is created, maintained, and funded; and

(3) This rule is organized into the following Parts:

(a) Part 100: Authority, Purpose, and Organization;

(b) Part 200: Definitions;

(d) Part 400: UUSF Distributions.

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-200 Definitions

The following definitions apply to this rule:

(1) "Access line" is as defined at Subsection 54-8b-2(1), and is used in this rule, Rule R746-8, to the extent consistent with federal law.

(a) In applying the statutory definition of "access line," the term "connection" is as defined at Subsection 54-8b-15(1) and is used in this rule, Rule R746-8, to the extent consistent with federal law.

(b) Access lines and connections are referred to jointly as "access line" or "access lines."

(2) "Affordable base rate" or "ABR" means the monthly retail rate that a rate-of-return regulated provider is required to charge on a per access line basis to receive ongoing disbursements from the UUSF.

(a) "ABR" may include, if itemized in the provider's Commission-approved tariff:

(i) the applicable UUSF surcharge;

(ii) mandatory extended area service fees; or

(iii) state subscriber line fees.

(b) "ABR" does not include:

(i) municipal franchise fees ;

(ii) taxes ; or

(iii) any incidental surcharges other than those identified in Subsection R746-8-200(2)(b):

(A) included in a Commission-approved tariff; or

(B) authorized under these rules.

(3) "Average remaining life" used in a group depreciation method, means the average of the future life expectancy of the various items in an asset group. Average remaining life is based upon estimates that require periodic review to ensure reasonableness.

(4) "Broadband internet access service" is as defined at Subsection 54-8b-15(1).

(5) "Carrier of last resort" is as defined at Subsection 54-8b-15(1).

(6) "Depreciation" means the gradual conversion of the cost of a tangible capital or fixed asset into an operational expense over the asset's estimated useful life to reflect the reduction in the book value of the asset over time due to use, wear and tear, or obsolescence.

(7) "Designated support area" means the geographic area used to determine a provider's UUSF support distribution, including, at a minimum, the provider's entire certificated service territory located in Utah.

(8) "Eligible telecommunications carrier" or "ETC" means a provider that, if seeking to participate in the state Lifeline program:

(a) is designated as an eligible telecommunications carrier by the Commission in accordance with 47 U.S.C. Section 214(e); or

(b) is designated by the FCC as a Lifeline Broadband Provider.

(9) "Facilities-based provider" means a provider that uses:

(a) its own facilities;

(b) essential facilities or unbundled network elements obtained from another provider; or

(c) a combination of its own facilities and essential facilities or unbundled network elements obtained from another provider.

(10) "FCC" means the Federal Communications Commission.

(11) "FCC adjusted depreciation rate" means a prescribed depreciation rate that has been adjusted by application of the FCC adjustment formula.

(12) "FCC adjustment formula" means the following formula promulgated by the FCC to be applied periodically to groups of assets in a group asset depreciation method to ensure that the average remaining life and future net salvage value estimates are reasonable and result in the depreciation of a provider's investments on a straight-line basis over the life of the associated plant:

FCC adjusted depreciation rate = 100% - Accumulated Depreciation% - Future Net Salvage%

Average Remaining Life

(13) "FCC approved depreciation method" or "depreciation method allowed by the FCC" means a method of asset depletion for accounting purposes that is approved or permitted by the FCC.

(14) "Future net salvage value" means the estimated gross salvage of the plant less any estimated cost of removal. Future net salvage value is based upon estimates that require periodic review to ensure reasonableness. Future net salvage value may be positive or negative depending on the gross salvage value and the cost of removal.

(15) "Group asset depreciation method" means the depreciation accounting method established in 47 CFR, Subsection 32.2000(g)(1)(i). Group asset depreciation allows the accumulation of multiple similar fixed asset units into a group. The group is treated as a single asset with the aggregate in-service cost base used for depreciation calculations.

(16) "Lifeline subscriber" means an individual who qualifies for state subsidization of an access line through participation in a program for low-income individuals that is recognized by the FCC.

(17) "Non-rate-of-return regulated" is as defined at Subsection 54-8b-15(1).

(18) "Prescribed depreciation rate" means the most recent depreciation rate set by the Commission for the provider.

(19) "Provider" means a carrier that provides access lines or functionally equivalent connections.

(20) "Rate-of-return regulated" is as defined at Subsection 54-8b-15(1).

(21) "Wholesale broadband internet access service" is as defined at Subsection 54-8b-15(1).

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-300 UUSF Funding

The following sections in the 300 series address UUSF Funding.

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-301 Calculation and Application of UUSF Surcharge

(1) The Utah Universal Public Telecommunications Service Support Fund (UUSF) shall be funded as follows:

(a) Unless Subsection R746-8-301(3) applies, providers shall remit to the Commission $0.98 per month per access line that, as of the last calendar day of each month, has a place of primary use in Utah in accordance with the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.

(b)(i) "Place of primary use" means the street address representative of where the customer's use of the telecommunications service primarily occurs.

(ii) A provider of mobile telecommunications service shall consider the customer's place of primary use to be the customer's residential street address or primary business street address.

(iii) A provider of non-mobile telecommunications service shall consider the customer's place of primary use to be:

(A) the customer's residential street address or primary business street address; or

(B) the customer's registered location for 911 purposes.

(i) as an explicit charge to each end-user; or

(ii) through inclusion of the surcharge within the end-user's rate plan.

(d) A provider that offers a multi-line service shall apply the surcharge to each concurrent real-time voice communication call session that an end-user can place to or receive from the public switched telephone network.

(e)(i) Except as provided in Subsection R746-8-301(1)(e)(ii):

(A) A provider that offers prepaid access lines or connections that permit access to the public telephone network shall remit to the Commission $0.98 per month per access line for such service, such as new access lines or connections, or recharges for existing lines or connections, purchased on or after January 1, 2018.

(B) Subsection R746-8-301(1)(e)(i) operates in lieu of Subsection R746-8-301(1)(a) in that a provider who is required to make a remittance for an access line under Subsection R746-8-301(1)(e)(i) is not required to make an additional remittance for the same access line under Subsection R746-8-301(1)(a).

(C) Multiple recharges of a single prepaid access line during a single month do not trigger multiple remittance requirements.

(ii) The charge described in Subsection R746-8-301(1)(a) does not apply to a prepaid wireless telecommunications service, as defined in Section 69-2-405, that is subject to the service charge described in Subsection 69-2-405(2)(b).

(iii) $0.98 per month is both the maximum and minimum amount of remittance necessary for any single access line.

(2)(a) A provider shall remit to the Commission no less than 98.69% of its total monthly surcharge collections.

(b) A provider may retain a maximum of 1.31% of its total monthly surcharge collections to offset the costs of administering this rule.

(3)(a) Subject to Subsection R746-8-301(3)(b), a provider may omit the UUSF surcharge with respect to an access line that is described in Subsection R746-8-301(1), and:

(i) generates revenue that is subject to a universal service fund surcharge in a state other than Utah for the relevant month for which the provider omits the UUSF surcharge;

(ii) for the relevant month for which the provider omits the UUSF surcharge, was not used to access Utah intrastate telecommunications services; or

(iii) subject to Subsection R746-8-403(5), receives subsidization through a federal Lifeline program approved by the FCC.

(b) A provider that omits any UUSF surcharge pursuant to Subsection R746-8-301(3)(a) shall:

(i) maintain documentation for at least 36 months that the omission complied with Subsection R746-8-301(3)(a); and

(ii) consent to any audit of the documentation requested by the:

(A) Commission; or

(B) Division of Public Utilities.

(c) A provider who omits any UUSF surcharge pursuant to Subsection R746-8-301(3)(a) shall report monthly to the Division of Public Utilities, using a method approved by the Division, the number of omissions claimed pursuant to Subsections R746-8-301(3)(a)(i) and R746-8-301(3)(a)(ii).

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-302 UUSF Surcharge Remittances

Providers shall remit surcharge assessments to the Commission as follows:

(1) If, over a period of six months, the average monthly UUSF surcharge assessments total $1,000 or more, the provider shall remit the funds:

(a) on a monthly basis; and

(b) within 45 days of the last calendar day of each month.

(2) If, over a period of six months, the average UUSF surcharge assessments are less than $1,000 per month, the provider shall accrue the UUSF surcharge assessments and submit the accrued assessments every six months.

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-400 UUSF Distributions

The following sections in the 400 series address UUSF Distributions.

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-401 Rate-of-Return Regulated Providers

(1) A rate-of-return regulated provider is eligible for ongoing UUSF support pursuant to Section 54-8b-15 if the provider:

(a) is a carrier of last resort;

(b) complies with Commission orders and rules;

(c) charges, at a minimum, the affordable base rate of $18 per access line, unless a petition brought pursuant to Subsection R746-8-401(3) is granted after adjudication;

(d) includes as revenue, in calculating UUSF support, the amounts described in Subsection R746-8-401(2);

(e) offers Lifeline service on terms and conditions prescribed by the Commission;

(f) operates as a facilities-based provider, not a reseller; and

(g) demonstrates, in the report filed by the rate-of-return regulated provider under Subsection R746-8-401(6), that its costs exceed its revenues as required by Section 54-8b-15.

(2) A rate-of-return regulated provider shall include as revenue, in calculating UUSF support:

(a) for the sale of wholesale broadband internet access service or broadband internet access service sold in combination with a voice service access line to the same end-user, a reasonable cost-based value per connection per month; and

(b) for the sale of stand-alone wholesale broadband internet access service or stand-alone broadband internet access service a minimum, $25 per connection per month plus an access recovery charge calculated under 47 C.F.R. Subsection 51.917(e) and reflected in the rate-of-return regulated provider's annual tariff review plan for the sale of stand-alone wholesale broadband internet access service or stand-alone broadband internet access service, unless:

(i) the Commission approves a petition to deviate from the revenue minimum under Subsection R746-8-401(3); or

(ii) the rate-of-return regulated provider offers wholesale broadband internet access service to a Lifeline subscriber in accordance with Subsection R746-8-401(4) .

(3) A rate-of-return regulated provider may petition the Commission to deviate from the affordable base rate set forth in Subsection R746-8-401(1)(c) or the wholesale broadband internet access service and broadband internet access service revenue minimum described in Subsection R746-8-401(2)(b), and the Commission shall grant the petition if:

(a) for a petition to deviate from the affordable base rate described in Subsection R746-8-401(1)(c), the rate-of-return regulated provider demonstrates to the satisfaction of the Commission:

(i) that the affordable base rate is not reasonable in the provider's designated support area;

(ii) the rate-of-return regulated provider imputes income up to the affordable base rate in calculating the provider's UUSF disbursement; or

(iii) the Commission determines that deviation from the affordable base rate is ot herwise in the public interest.

(b) for a petition to deviate from the wholesale broadband internet access service or broadband internet access service revenue minimum described in Subsection R746-8-401(2)(b), the Commission determines that the deviation from the minimum revenue amounts is in the public interest.

(4)(a) For calculating UUSF support, a rate-of-return regulated provider may include in revenue a minimum of $18 per connection per month, plus an access recovery charge calculated in accordance with 47 C.F.R. Subsection 51.917(e), if the rate-of- return regulated provider:

(i) elects to offer a stand-alone wholesale broadband internet rate to provide a reduced cost broadband internet access service for eligible Lifeline subscribers, and

(ii) provides the full amount of the wholesale reduction in included revenue to each eligible Lifeline subscriber as a discount to the cost of a broadband internet access service plan.

(b) A rate-of-return regulated provider that elects to provide a reduced cost broadband internet access service or offer a wholesale broadband internet Lifeline rate shall:

(i) provide information to the Division and the Commission detailing the reduced cost broadband internet access service offering or the wholesale broadband internet customer; and

(ii) annually certify that each Lifeline subscriber who subscribes to the reduced cost broadband internet access service offering has received the discount described in Subsection R746-8-401(4)(a)(ii).

(5) The Division shall, consistent with Rule R746-400,

(a) prepare an annual report form to be completed by the rate-of-return regulated provider annually that includes an estimate of UUSF support, and

(b) provide the annual report form to each provider, by February 14 each year.

(6) A rate-of-return regulated provider shall file its annual report, in the form provided by the Division in a company specific docket by April 15 including, when available, audited financial statements for the year matching the annual report.

(a) The provider shall include a trial balance matching the audited financial statement and annual report.

(b) The provider may identify and include additional required or needed adjustments.

(7) For calculating a rate-of-return regulated provider's ongoing UUSF distribution:

(a) Alternative Connect America Cost Model Funds are considered federal universal service fund revenue under Subsection 54-8b-15(4)(a)(ii)(D).

(b) The rate-of-return regulated provider's state rate-of-return shall be equal to the weighted average cost of capital rate-of- return prescribed by the FCC for rate-of-return regulated carriers, for the year in which the UUSF distribution is made.

(c) The rate-of-return regulated provider's depreciation costs are calculated using an FCC-allowed depreciation method and prescribed depreciation rates or FCC adjusted depreciation rates.

(d) The rate-of-return regulated provider may file a petition with the Commission to modify its prescribed depreciation rates.

(8) A rate-of-return regulated provider shall include with its annual report, in the form prepared by the Division under Subsection R746-8-401(5)(a), for each of its accounts:

(a) the depreciation method used;

(b) the current depreciation rate applied; and

(c) an indication of whether the depreciation rate being applied is the Commission prescribed depreciation rate or an FCC adjusted depreciation rate.

(d) A rate-of-return regulated provider using a group asset depreciation method that complies with Subsection R746-8- 401(7)(c) and FCC orders, shall periodically apply the FCC adjustment formula to its groups of assets to ensure that the average remaining life and future net salvage value estimates are reasonable and that the resulting effective depreciation rate for assets in each group is reasonably similar to the prescribed rate for the group when considering remaining net value and average remaining life.

(i) When applying the FCC adjustment formula, the rate-of-return regulated provider shall determine the average remaining life of the asset group by reviewing its continuing property records; considering relevant additions, disposals, repairs, obsolescence, and refurbishment of the asset group units associated with an asset group; then identifying whether the asset group unit additions have historically remained in each asset group longer or shorter than the asset group's Commission prescribed life; and using the data to determine an estimated life for typical group additions.

(ii) When applying an FCC adjustment formula, the rate-of-return regulated provider shall:

(A) provide with its annual report a narrative summary and a spreadsheet with formulas intact, that demonstrate its calculation of the average remaining life of the asset group when the provider applies an FCC adjusted depreciation rate including narrative support for any management assumptions used in the calculation; and

(B) certify to the Commission in the annual report that:

(I) its management has reviewed the depreciation rates applied, including any changes to its asset groups and salvage values;

(II) its estimated depreciation expense is consistent with the average remaining life of each asset group;

(III) its depreciation method is an FCC-allowed depreciation method; and

(IV) it has complied with Section R746-8-401.

(9)(a) Annually, the Division shall make a recommendation regarding whether and how each rate-of-return regulated provider's monthly UUSF distribution should be adjusted.

(b) The Division shall use the following criteria and inputs in calculating its recommended UUSF distribution:

(i) the current FCC rate-of-return as set forth in Subsection R746-8-401(7)(b); and

(ii) the provider's financial information from its last annual report described in Subsection R746-8-401(8).

(10) (a) The Division shall file annually, a non-confidential, non-binding estimate of any UUSF by September 1 in the rate-of-return regulated provider specific docket assigned by the Commission.

(b) The Division shall provide to the rate-of-return regulated provider any analyses and documents, including confidential information, in addition to the information described in Subsection R746-8-401(9), that clearly identifies any adjustments that the Division believes are in the public interest.

(c) Interested parties may seek intervention within 15 days of the Division's filing of the preliminary estimate referred to in Subsection R746-8-401(10)(a).

(d) After filing the preliminary recommendation, the Division, the rate-of-return regulated provider, and any other party shall review and analyze the preliminary recommendation.

(e) The Division shall file a final recommendation with the Commission by November 1.

(f) After the Division files the final recommendation with the Commission, any party may challenge the Division's recommendation by notifying the Commission no later than November 15.

(g) If the Division's recommendations are not challenged and the Commission finds the rate-of-return regulated provider's costs and UUSF disbursements to be reasonable, the new UUSF distribution amounts will begin on January 1 of the following year.

(h) If the Division's recommendations are challenged or the Commission does not approve the recommendations, the Commission will convene a scheduling conference and determine the appropriate process for resolving the contested issues.

(i) If the Division's recommendation for a rate-of-return regulated provider's UUSF distribution has been challenged or if the Commission does not approve the recommendations, the rate-of-return regulated provider may continue to receive its current UUSF payments until the Commission has ruled on the challenge.

(j) While the challenge is being adjudicated, the difference between UUSF payments received starting January 1 and the UUSF payment amounts ultimately determined by the Commission, is the overpayment or underpayment of UUSF amounts.

(k) The overpayment or underpayment of UUSF amounts will be recovered or distributed respectively as an adjustment to each monthly disbursement, spread evenly over the remaining months of the calendar year.

(l) If the approved UUSF monthly distribution amounts are less than the monthly recovery for an overpayment, the-rate- of-return regulated provider will be ordered to repay the balance in monthly payments to the UUSF, spread evenly over the remaining months of the calendar year.

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-402 Non-rate-of-return Regulated Providers

(1) A non-rate-of-return regulated provider may be eligible for ongoing UUSF support for the deployment and management of networks capable of providing access lines, connections, or broadband internet access, upon application to the Commission, if the provider:

(a) is a carrier of last resort; and

(b) is in compliance with Commission orders and rules.

(2) Upon receipt of an application brought under Section R746-8-402, the Commission shall establish the appropriate criteria for the entitlement to, and the disbursement of, UUSF funds to non-rate-of-return regulated providers.

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-403 Lifeline Support

(1) In addition to any disbursement calculated under Section R746-8-401 or Section R746-8-402, an ETC may receive an ongoing distribution through ongoing participation in a Commission-approved Lifeline program upon a specific finding of public interest by the Commission.

(2)(a) The support claimed under this Section R746-8-403 may not exceed $3.50 per Lifeline subscriber per month of subscription to a service that:

(i) provides service over landlines; or

(ii)(A) meets FCC broadband Lifeline requirements as set forth in 47 C.F.R. 54.408; and

(B) for wireless Lifeline, allows, at no charge beyond the basic monthly fee, unlimited texting and at least 750 voice minutes per month; or

(iii)(A) meets FCC broadband Lifeline requirements as set forth in 47 C.F.R. 54.408; and

(B) does not include a voice component.

(b) Lifeline distributions will be based on eligible Lifeline subscribers as of the first day of each month, with no prorated discounts.

(3) An ETC that is approved to participate in the Commission Lifeline program shall:

(a) provide potential Lifeline subscribers with application materials and information;

(b) provide service to any customer who is verified as eligible for participation through:

(i) the FCC's national verifier system; or

(ii) if the FCC's national verifier system is not yet operational, the program administrator with which the Commission contracts to administer the initial and continued eligibility verification of state Lifeline participants ;

(i) customer security deposits, if the customer voluntarily elects to receive toll blocking; and

(ii) within any 12-month period, the first nonrecurring service charge for:

(A) changing local exchange usage service to Lifeline service; and

(B) changing from flat rate service to message rate service;

(d)(i) add the Lifeline discount to a customer's account within five business days of notification of the customer's eligibility under FCC Lifeline requirements; and

(ii) remove the Lifeline discount from a Lifeline subscriber's account within five business days of notification of the Lifeline subscriber's ineligibility under FCC Lifeline requirements; and

(e) submit to the Division by May 1 of each year, a complete Lifeline subscriber list, as defined by the FCC.

(4) An ETC participating in the Commission Lifeline program may not:

(a) disconnect Lifeline telephone service for nonpayment of toll service;

(b) require a Lifeline subscriber to purchase additional services from the ETC; or

(c) prohibit a Lifeline subscriber from purchasing additional services from the ETC, unless the participant fails to comply with the ETC's terms and conditions for those additional services.

(5) For an access line for which the UUSF surcharge is omitted pursuant to Subsection R746-8-301(3)(a)(iii), the UUSF surcharge amount that otherwise would have been remitted pursuant to Section R746-8-301 shall be deducted from the state Lifeline support paid to the provider.

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-404 One-time UUSF Distribution

A non-rate-of-return regulated carrier of last resort may apply for a one-time UUSF distribution pursuant to Subsection 54- 8b-15(3)(d).

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

Utah Admin. Code R746-8-405 UUSF Support for Deaf, Hard of Hearing, or Severely Speech Impaired Persons

(1) This rule governs a program to provide telecommunication devices and services to qualifying deaf, hard of hearing, or severely speech impaired persons.

(2) The following definitions apply to this section:

(a) "Applicant" means a person applying for:

(i) a telecommunication device for the deaf, hard of hearing, or severely speech impaired;

(ii) a signal device; or

(iii) another assistive communication device.

(b) "Audiologist" means a person who:

(i)(A) has a master's or doctoral degree in audiology; or

(B) is licensed in audiology in Utah; and

(ii) holds a Certificate of Clinical Competence in Audiology from the American Speech-Language-Hearing Association or its equivalent.

(d) "Hard of hearing" means hearing loss that requires use of a TDD to communicate effectively on the telephone.

(e) "Otolaryngologist" means a licensed physician specializing in ear, nose, and throat medicine.

(f) "Recipient" means a person who is approved to receive a TDD, signal device, personal communicator, or other assistive communication device.

(g) "Speech-Language pathologist" means a person who:

(i) has a master's or doctoral degree in Speech-Language Pathology; and

(ii) holds a Certificate of Clinical Competence in Speech-Language Pathology from the American Speech-Language-Hearing Association or its equivalent.

(h) "Severely speech impaired" means a speech handicap or disorder that renders speech on an ordinary telephone unintelligible.

(i) "Signal device" means a mechanical device that alerts a deaf, deaf-blind, or hard of hearing person of an incoming telephone call.

(j) "Telecommunications Device for the Deaf" or "TDD" means an electrical device for use with a telephone that utilizes:

(i) a keyboard;

(ii) an acoustic coupler;

(iii) a display screen;

(iv) a braille display; or

(v) a tablet device or unlocked cellular telephone that is equipped with applications that allow a user to transmit and receive messages.

(3)(a) At a minimum, an applicant shall demonstrate that the applicant:

(i) lives within Utah;

(ii) is:

(A) deaf;

(B) hard of hearing; or

(iii)(A) receives assistance from a low-income public assistance program administered by a state agency; or

(B) has an income of 200% of the federal poverty guideline or less for the current year; and

(iv) is able to send and receive messages with a TDD or other appropriate assistive device.

(b) Qualification under Subsection R746-8-405(3)(a)(ii) shall be established by the certification of:

(i) a person who is licensed to practice medicine;

(ii) an audiologist;

(iii) an otolaryngologist;

(iv) a speech-language pathologist; or

(v) qualified personnel within a state agency.

(4)(a) If approved by the Commission to receive an assistive device, the applicant shall:

(i) unless Subsection R746-8-405(4)(b) applies, sign an agreement and conditions of acceptance form supplied by the Commission; and

(ii) report, as instructed by the Commission, for training and receipt of the approved device.

(b) If the recipient is a minor or is unable to sign the agreement and conditions of acceptance form, the recipient's legal guardian may sign.

(5)(a)(i) An assistive device provided under this rule remains the property of the state.

(ii) A recipient may not remove an assistive device from the state for a period of time longer than 90 days unless the recipient obtains the written consent of the Commission.

(b) A recipient shall be solely responsible for the costs of:

(i) repair of an assistive device, other than for normal wear and tear;

(ii) replacement of an assistive device;

(iii) paper required by an assistive device;

(iv) telephone and internet service; and

(v) light bulbs required by an assistive device.

(c) If an assistive device requires repair, the recipient shall return it to the Commission and may not make private arrangements for repair.

(6) Termination of use. A recipient, or if applicable, the recipient's guardian, shall return an assistive device to the Commission if the recipient:

(a) no longer intends to reside in Utah;

(b) becomes ineligible pursuant to Subsection R746-8-405(3); or

History

KEY: Utah universal service fund, surcharges and disbursements, speech/hearing challenges, assistive devices and technology
Date of Last Change: July 1, 2024
Notice of Continuation: February 16, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-1; 54-8b-15; 54-8b-10

R746-101 Statement of Rule for the Filing and Disposition of Petitions for Declaratory Rulings

Utah Admin. Code R746-101-1 Definitions

A. Terms used in this rule are defined in Section 63G-4-103, except that "agency" shall mean the Utah Public Service Commission.

B. In addition:

"Order" shall mean a Commission action of particular applicability which determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons and not a class of persons;
"Declaratory Ruling" shall mean an administrative interpretation or explanation of rights, status, interests or other legal relationships under a statute, rule or order; and
"Applicability" shall mean a determination of the relationship of a statute, rule or order to a given set of facts.

History

KEY: public utilities, rules and procedures, government hearings
Date of Last Change: 1992
Notice of Continuation: July 22, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102(5); 63G-4-503(6)

Utah Admin. Code R746-101-2 Petition Procedure

A. A person or agency may petition the Commission for a declaratory ruling.

B. The petition shall be addressed to the Commission and directed to the chairman of the Commission.

C. The Commission will stamp upon the petition the date of its receipt.

D. The petitioner shall serve a copy of the petition upon the public utility which could or would be adversely affected by a Commission ruling favorable to the petitioner and shall file with the Commission the certificate of service within five days of the filing of the petition; or petitioner shall include in the petition a statement to the effect that no public utility under the Commission's jurisdiction will be adversely affected by a ruling favorable to the petitioner.

History

KEY: public utilities, rules and procedures, government hearings
Date of Last Change: 1992
Notice of Continuation: July 22, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102(5); 63G-4-503(6)

Utah Admin. Code R746-101-3 Petition Form

A. The petition shall:

be clearly designated a request for a declaratory ruling;
identify the statute, rule or order to be reviewed;
describe adequately the facts and circumstances in which applicability is to be reviewed;
describe the reason or need for the review;
include an address and telephone number where petitioner can be reached; and
be signed by the petitioner or petitioner's duly authorized representative and be notarized.

History

KEY: public utilities, rules and procedures, government hearings
Date of Last Change: 1992
Notice of Continuation: July 22, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102(5); 63G-4-503(6)

Utah Admin. Code R746-101-4 Petition Review and Disposition

A. The Commission shall:

review and consider the petition;
prepare a declaratory ruling in compliance with the requirements of 63G-4-503(6) and stating:

a. the applicability or non-applicability of the statute, rule or order in question;

b. the reasons for the applicability or non-applicability of the statute, rule or order in question;

c. requirements imposed upon the Commission, petitioner, or a person as a result of the ruling.

B. The Commission may:

interview the petitioner;
hold a public hearing on the petition;
consult with counsel or the Attorney General; or
take action which the Commission, in its discretion and judgment, deems necessary to provide the petitioner with adequate review and due consideration of the petition.

C. The Commission shall prepare the declaratory ruling without unnecessary delay and shall send the petitioner and each party a copy of the ruling.

D. The Commission shall retain the petition and a copy of the declaratory ruling in its records.

History

KEY: public utilities, rules and procedures, government hearings
Date of Last Change: 1992
Notice of Continuation: July 22, 2022
Authorizing, and Implemented or Interpreted Law: 63G-4-102(5); 63G-4-503(6)

R746-110 Uncontested Matters to be Adjudicated Informally

Utah Admin. Code R746-110-1 Requests

When a request for agency action is filed with the Commission and the party filing the request anticipates and represents in the request that the matter will be unopposed and uncontested, or when the Commission determines that the matter can reasonably be expected to be unopposed and uncontested the request may be adjudicated informally in accord with Section 63G-4-203 and the following:

History

KEY: public utilities, rules and procedures
Date of Last Change: 1988
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 63G-4-203

Utah Admin. Code R746-110-2 Procedure

The applicant shall file in support of the request sworn statements and documents as may be necessary to establish the pertinent facts of the matter. Thereupon, the Commission may, without hearing, enter its Report and Order in tentative form not to be effective for a minimum of 20 days after its issuance. Provided, however, that in cases where the applicant shall establish good cause, the Commission may waive the 20-day tentative period and issue a final order. Section 63G-4-301 provides for review of final agency orders. The order shall provide that any person may file a protest prior to its effective date and that if the Commission finds the protest to be meritorious, the effective date shall be suspended pending further proceedings. The order shall be served by the applicant upon all persons deemed by the Commission to have an interest or potential interest in the subject matter, and the Commission may require public notice in the form designated by the Commission.

Absent meritorious protest, the order shall automatically become effective without further action.

History

KEY: public utilities, rules and procedures
Date of Last Change: 1988
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 63G-4-203

Utah Admin. Code R746-110-3 Rate Increases

In cases where a public utility seeks an increase in rates, fees, or charges, informal summary procedure may be invoked if the applicant files in addition to supporting documentation a sworn statement from each person impacted by the increase that such person has no objection to the increase. This provision does not apply to energy-cost pass-through cases, which are provided for in Section 54-7-13.5, nor does it apply to cases brought under Section 54-7-12(6).

History

KEY: public utilities, rules and procedures
Date of Last Change: 1988
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 63G-4-203

R746-200 Residential Utility Service Rules for Electric, Gas, Water, and Sewer Utilities

Utah Admin. Code R746-200-1 General Provisions

A. Title -- These rules shall be known and may be cited as the Residential Utility Service Rules.

B. Purpose -- The purpose of these Rules is to establish and enforce uniform residential utility service practices and procedures governing eligibility, deposits, account billing, termination, and deferred payment agreements.

C. Policy --

The policy of these rules is to assure the adequate provision of residential utility service, to restrict unreasonable termination of or refusal to provide residential utility service, to provide functional alternatives to termination or refusal to provide residential utility service, and to establish and enforce fair and equitable procedures governing eligibility, deposits, account billing, termination, and deferred payment agreements.
Nondiscrimination -- Residential utility service shall be provided to qualified persons without regard to employment, occupation, race, handicap, creed, sex, national origin, marital status, or number of dependents.

D. Requirement of Good Faith -- Each agreement or obligation within these rules imposes an obligation of good faith, honesty, and fair dealings in its performance and enforcement.

E. Customer Information -- When residential service is extended to an account holder, a public utility shall provide the consumer with a consumer information pamphlet approved by the Commission which clearly describes and summarizes the substance of these rules. The utility shall mail or deliver a copy of this pamphlet, or a summarized version approved by the Commission, to its residential customers annually in September or October. Copies of this pamphlet shall be prominently displayed in the business offices maintained by the utility and furnished to consumers upon request. The utility has a continuing obligation to inform its consumers of significant amendments to these rules. Each utility with over 10,000 customers receiving service shall print and make available upon request a Spanish edition of a consumer information pamphlet. The English edition of the pamphlet shall contain a prominent notice, written in Spanish and English, that the utility has a Spanish edition of its pamphlet and whether or not it has qualified personnel available to help Spanish-speaking customers. In this section, utilities with fewer than 10,000 users may use the pamphlets printed by the Division of Public Utilities for the distribution and availability requirements.

F. Scope --

These rules shall apply to gas, water, sewer, and electric utilities that are subject to the regulatory authority of the Commission. Except as provided in R746-200-7(G)(4), Notice of Proposed Termination, these rules do not apply to master metered apartment dwellings. Commercial, industrial, government accounts and special contracts are also excluded from the requirements of these rules.
Upon a showing that specified portions of these rules impose an undue hardship and provide limited benefit to its customers, a utility may petition the Commission for an exemption from specified portions of these rules.

G. Customer's Statement of Rights and Responsibilities -- When utility service is extended to an account holder, annually, and upon first notice of an impending service disconnection, a public utility shall provide a copy of the "Customer's Statement of Rights and Responsibilities" as approved by the Commission. The Statement of Rights and Responsibilities shall be a single page document. It shall be prominently displayed in each customer service center.

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

Utah Admin. Code R746-200-2 General Definitions

A. "Account Holder" -- A person, corporation, partnership, or other entity which has agreed with a public utility to pay for receipt of residential utility service and to which the utility provides service.

B. "Applicant" -- As used in these rules means a person, corporation, partnership, or other entity which applies to a public utility for residential utility service.

C. "Budget Billing" -- Monthly residential payment plan under which the customer's estimated annual billing is divided into 12 monthly payments.

D. "Deferred Payment Agreement" -- As used in these rules means an agreement to receive, or to continue to receive, residential utility service pursuant to Section R746-200-5 and to pay an outstanding debt or delinquent account owed to a public utility.

E. "Residential Utility Service" -- Means gas, water, sewer, and electric service provided by a public utility to a residence.

F. "Termination of Service" -- The terms "termination," "disconnection," and "shutoff" as used in these rules are synonymous and mean the stopping of service for whatever cause.

G. "Load Limiter" -- Device which automatically interrupts electric service at a residence when the preset kW demand is exceeded. Service is restored when the customer decreases usage and then presses the reset button on the device.

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

Utah Admin. Code R746-200-3 Deposits, Eligibility for Service, and Shared Meter or Appliance

A. Deposits and Guarantees --

Each utility shall submit security deposit policies and procedures to the Commission for its approval before the implementation and use of those policies and procedures. Each utility shall submit third-party guarantor policies and procedures to the Commission.
Each utility collecting security deposits shall pay interest thereon at a rate as established by the Commission. For electric cooperatives and electric service districts, interest rates shall be determined by the governing board of directors of the cooperative or district and filed with the Commission and shall be deemed approved by the Commission unless ten percent or more of the customers file a request for agency action requesting an investigation and hearing. The deposit paid, plus accrued interest, is eligible for return to the customer after the customer has paid the bill on time for 12 consecutive months.
A residential customer shall have the right to pay a security deposit in at least three equal monthly installments if the first installment is paid when the deposit is required.

B. Eligibility for Service --

Residential utility service is to be conditioned upon payment of deposits, where required, and of any outstanding debts for past utility service which are owed by the applicant to that public utility, subject to Subsections R746-200-3(B)(2), and R746-200-7(C)(2), Reasons for Termination. Service may be denied when unsafe conditions exist, when the applicant has furnished false information to get utility service, or when the customer has tampered with utility-owned equipment, such as meters and lines. An applicant is ineligible for service if at the time of application, the applicant is cohabiting with a delinquent account holder, whose utility service was previously disconnected for non-payment, and the applicant and delinquent account holder also cohabited while the delinquent account holder received the utility's service, whether the service was received at the applicants present address or another address.
When an applicant cannot pay an outstanding debt in full, residential utility service shall be provided upon execution of a written, deferred payment agreement as set forth in Section R746-200-5.

C. Shared Meter or Appliance - In rental property where one meter provides service to more than one unit or where appliances provide service to more than one unit or to other occupants at the premises, and this situation is known to the utility, the utility will recommend that service be in the property owner's name and the property owner be responsible for the service. However, a qualifying applicant will be allowed to put service in their own name provided the applicant acknowledges that the request for services is entered into willingly and he has knowledge of the account responsibility.

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

Utah Admin. Code R746-200-4 Account Billing

A. Billing Cycle -- Each gas, electric, sewer and water utility shall use a billing cycle that has an interval between regular periodic billing statements of not greater than two months. This section applies to permanent continuous service customers, not to seasonal customers.

B. Estimated Billing --

A gas, electric, sewer or water public utility using an estimated billing procedure shall try to make an actual meter reading at least once in a two-month period and give a bill for the appropriate charge determined from that reading. When weather conditions prevent regular meter readings, or when customers are served on a seasonal tariff, the utility will make arrangements with the customer to get meter reads at acceptable intervals.
If a meter reader cannot gain access to a meter to make an actual reading, the public utility shall take appropriate additional measures in an effort to get an actual meter reading. These measures shall include, but are not limited to, scheduling of a meter reading at other than normal business hours, making an appointment for meter reading, or providing a prepaid postal card with a notice of instruction upon which an account holder may record a meter reading. If after two regular route visits, access has not been achieved, the utility will notify the customer that he must make arrangements to have the meter read as a condition of continuing service.
If, after compliance with Subsection R746-200-4(B)(2), a public utility cannot make an actual meter reading it may give an estimated bill for the current billing cycle in accordance with Subsection R746-200-7(C)(1)(f), Reasons for Termination.

C. Periodic Billing Statement -- Except when a residential utility service account is considered uncollectible or when collection or termination procedures have been started, a public utility shall mail or deliver an accurate bill to the account holder for each billing cycle at the end of which there is an outstanding debit balance for current service, a statement which the account holder may keep, setting forth each of the following disclosures to the extent applicable:

the outstanding balance in the account at the beginning of the current billing cycle using a term such as "previous balance";
the amount of charges debited to the account during the current billing cycle using a term such as "current service";
the amount of payments made to the account during the current billing cycle using a term such as "payments";
the amount of credits other than payments to the account during the current billing cycle using a term such as "credits";
the amount of late payment charges debited to the account during the current billing cycle using a term such as "late charge";
the closing date of the current billing cycle and the outstanding balance in the account on that date using a term such as "amount due";
a listing of the statement due date by which payment of the new balance must be made to avoid assessment of a late charge;
a statement that a late charge, expressed as an annual percentage rate and a periodic rate, may be assessed against the account for late payment;
the following notice: "If you have any questions about this bill, please call the Company."

D. Late Charge --

Commencing not sooner than the end of the first billing cycle after the statement due date, a late charge of a periodic rate as established by the Commission may be assessed against an unpaid balance in excess of new charges debited to the account during the current billing cycle. The Commission may change the rate of interest.
No other charge, whether described as a finance charge, service charge, discount, net or gross charge may be applied to an account for failure to pay an outstanding bill by the statement due date. This section does not apply to reconnection charges or return check service charges.

E. Statement Due Date -- An account holder shall have not less than 20 days from the date the current bill was prepared to pay the new balance, which date shall be the statement due date.

F. Disputed Bill --

In disputing a periodic billing statement, an account holder shall first try to resolve the issue by discussion with the public utility's collections personnel.
When an account holder has proceeded pursuant to Subsection R746-200-4(F)(1), the public utility's collections personnel shall investigate the disputed issue and shall try to resolve that issue by negotiation.
If the negotiation does not resolve the dispute, the account holder may obtain informal and formal review of the dispute as set forth in Section R746-200-8, Informal Review, and R746-200-9, Formal Review.
While an account holder is proceeding with either informal or formal review of a dispute, no termination of service shall be permitted if amounts not disputed are paid when due.

G. Unpaid Bills - Utilities transferring unpaid bills from inactive or past accounts to active or current accounts shall follow these limitations:

A utility company may only transfer bills between similar classes of service, such as residential to residential, not commercial to residential.
Unpaid amounts for billing cycles older than four years before the time of transfer cannot be transferred to an active or current account.
The customer shall be provided with an explanation of the transferred amounts from earlier billing cycles and informed of the customer's ability to dispute the transferred amount.
The customer may dispute the transferred amount pursuant to R746-200-4(F).

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

Utah Admin. Code R746-200-5 Deferred Payment Agreement

A. Deferred Payment Agreement --

An applicant or account holder who cannot pay a delinquent account balance on demand shall have the right to receive residential utility service under a deferred payment agreement subject to R746-200-5(B) unless the delinquent account balance is the result of unauthorized usage of, or diversion of, residential utility service. If the delinquent account balance is the result of unauthorized usage of, or diversion of, residential utility service, the use of a deferred payment agreement is at the utility's discretion.
An applicant or account holder shall have the right to a deferred payment agreement, consisting of 12 months of equal monthly payments, if the full amount of the delinquent balance plus interest shall be paid within the 12 months and if the applicant or account holder agrees to pay the initial monthly installment. The account holder shall have the right to pre-pay a monthly installment, pre-pay a portion of, or the total amount of the outstanding balance due under a deferred payment agreement at any time during the term of the agreement. The account holder also has the option, when negotiating a deferred payment agreement, to include the amount of the current month's bill plus the reconnection charges in the total amount to be paid over the term of the deferred payment agreement.
Payment Options

a. If a utility has a budget billing or equal payment plan available, it shall offer the account holder the option of:

i. agreeing to pay monthly bills for future residential utility service as they become due, plus the monthly deferred payment installment, or

ii. agreeing to pay a budget billing or equal payment plan amount set by the utility for future residential utility service plus the monthly deferred payment installment.

b. When negotiating a deferred payment agreement with a utility that does not offer a budget billing or equal payment plan, the account holder shall agree to pay the monthly bills for future residential utility service plus the monthly deferred payment installment necessary to liquidate the delinquent bill.

The terms of the deferred payment agreement shall be set forth in a written agreement, a copy of which shall be provided to the customer.
A deferred payment agreement may include a finance charge as approved by the Commission. If a finance charge is assessed, the deferred payment agreement shall contain notice of the charge.

B. Breach -- If an applicant or account holder breaches a condition or term of a deferred payment agreement, the public utility may treat that breach as a delinquent account and shall have the right to disconnect service pursuant to these rules, subject to the right of the customer to seek review of the alleged breach by the Commission, and the account holder shall not have the right to a renewal of the deferred payment agreement. Renewal of deferred payment agreements after the breach shall be at the utility's discretion.

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

Utah Admin. Code R746-200-6 Reconnection of Discontinued Service

A. Public utilities shall have personnel available 24 hours each day to reconnect utility service. Service shall be reconnected as soon as possible, but no later than the next generally recognized business day after the customer has requested reconnection and complied with all necessary conditions for reconnection of service; which may include payment of reconnection charges and compliance with deferred payment agreement terms.

B. If a customer requests reconnection or other services outside of the utility's normal business days or hours of operation, the utility shall inform the customer of any additional charges or terms, as specified in the utility's tariff provisions, applicable to the customer's request.

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

Utah Admin. Code R746-200-7 Termination of Service

A. Definitions. As used in this section (R746-200-7):

"Licensed medical provider" means a medical provider:

a. who holds a current and active medical license under Utah Code Title 58; and

b. whose scope of practice authorizes the medical provider to diagnose the condition described by the medical provider under this rule.

"Life-supporting equipment" means life-supporting medical equipment:

a. with normal operation that requires continuation of public utility service; and

b. used by an individual who would require immediate assistance from medical personnel to sustain life if the life supporting equipment ceased normal operations.

"Life-supporting equipment statement" means a written statement:

a. signed by the licensed medical provider for the account holder or resident who utilizes life-supporting equipment; and

b. including:

i. a description of the medical need of the account holder or resident who utilizes life-supporting equipment;

ii. the account holder's name and address;

iii. name of resident using life-supporting equipment and relationship to account holder, if different than account holder;

iv. the health infirmity and expected duration;

v. identification of the life-support equipment that requires the utility's service;

vi. a determination by the licensed medical provider that immediate assistance from medical personnel to sustain life would be required if the life supporting equipment ceased normal operations; and

vii. the name and contact information of the licensed medical provider for the resident who utilizes life-supporting equipment,

"Serious illness or infirmity statement" means a written statement:

a. signed by a licensed medical provider;

b. written on:

i. a form obtained from the public utility; or

ii. the licensed medical provider's letterhead stationary;

c. legibly describing:

i. a diagnosed medical condition under which termination of utility service will injure the person's health or aggravate the person's illness; and

ii. the anticipated duration of the diagnosed medical condition.

B. Delinquent Account --

A residential utility service bill that has remained unpaid beyond the statement due date is a delinquent account.
When an account is a delinquent account, a public utility, before termination of service, shall issue a written late notice to inform the account holder of the delinquent status. A late notice or reminder notice must include the following information:

a. A statement that the account is a delinquent account and should be paid promptly;

b. A statement that the account holder should communicate with the public utility's collection department, by calling the company, if the account holder has a question concerning the account;

c. A statement of the delinquent account balance, using a term such as "delinquent account balance."

When the account holder responds to a late notice or reminder notice the public utility's collections personnel shall investigate disputed issues and shall try to resolve the issues by negotiation. During this investigation and negotiation no other action shall be taken to disconnect the residential utility service if the account holder pays the undisputed portion of the account subject to the utility's right to terminate utility service pursuant to R746-200-7(F), Termination of Service Without Notice.
A copy of the "Statement of Customer Rights and Responsibilities" referred to in Subsection R746-200-1(G) of these rules shall be issued to the account holder with the first notice of impending service disconnection.

C. Reasons for Termination of Service --

Residential utility service may be terminated for the following reasons:

a. Nonpayment of a delinquent account;

b. Nonpayment of a deposit when required;

c. Failure to comply with the terms of a deferred payment agreement or Commission order;

d. Unauthorized use of, or diversion of, residential utility service or tampering with wires, pipes, meters, or other equipment;

e. Subterfuge or deliberately furnishing false information; or

f. Failure to provide access to meter during the regular route visit to the premises following proper notification and opportunity to make arrangements in accordance with R746-200-4(B), Estimated Billing, Subsection (2).

The following shall be insufficient grounds for termination of service:

a. A delinquent account, accrued before a divorce or separate maintenance action in the courts, in the name of a former spouse, cannot be the basis for termination of the current account holder's service;

b. Cohabitation of a current account holder with a delinquent account holder whose utility service was previously terminated for non-payment, unless the current and delinquent account holders also cohabited while the delinquent account holder received the utility's service, whether the service was received at the current account holder's present address or another address;

c. When the delinquent account balance is less than $25.00, unless no payment has been made for two months;

d. Failure to pay an amount in bona fide dispute before the Commission;

e. Payment delinquency for third party services billed by the regulated utility company, unless prior approval is obtained from the Commission.

D. Restrictions upon Termination of Service -- Medical Reasons --

Serious Illness or Infirmity. If a public utility receives a serious illness or infirmity statement:

a. the public utility shall continue or restore residential utility service for the period set forth in the statement or one month, whichever is less;

b. the public utility is not required to provide the continuation or restoration described in R746-200-7.D.1.a. more than two times to an individual customer or residence during the same calendar year; and

c. the account holder is liable for the cost of residential utility service during the period of continued or restored service.

Life-Supporting Equipment.

a. After receiving a life-supporting equipment statement, the public utility:

i. shall mark and identify applicable meter boxes where the life-supporting equipment is used;

ii. may not terminate service to the residence unless the public utility has complied with this Subsection (R746-200- 7.D.2); and

iii. may request annual verification from the licensed medical provider of the life-supporting equipment.

b. A public utility may terminate service on an account where the public utility has received a life-supporting equipment statement and the related medical provider verification, if:

i. the account is in default;

ii. the public utility has:

AA. followed R746-200-5 on offering a deferred payment agreement; or

BB. if R746-200-5 does not apply, allowed the customer one month to enter into a deferred payment agreement that may last up to 12 months;

iii. after complying with R746-200-7.D.2.b.ii, the public utility has provided to the customer a written notice of proposed termination of service that:

AA. clearly and plainly informs the customer of the customer's rights under R746-200-7.D.2 and of the customer's right to an expedited complaint hearing under R746-200-8.E.; and

BB. complies with R746-200-7.G.1;

iv. the public utility has provided to the customer a 48 hour notice of termination of utility service that complies with R746-200-7.G.2; and

v. the public utility has complied with all other applicable provisions of R746-200-7.

c. The account holder is liable for the cost of residential utility service during the period of service, including throughout all proceedings related to life-supporting equipment.

E. Payments from the Home Energy Assistance Target (HEAT) Program -- Suppliers may not discontinue utility service to a low-income household for at least 30 days after receiving utility payment or verification of utility payment from the HEAT Program on behalf of the low-income household.

F. Termination of Service Without Notice -- Any provision contained in these rules notwithstanding, a public utility may terminate residential utility service without notice when, in its judgment, a clear emergency or serious health or safety hazard exists for so long as the conditions exist, or when there is unauthorized use or diversion of residential utility service or tampering with wires, pipes, meters, or other equipment owned by the utility. The utility shall immediately try to notify the customer of the termination of service and the reasons therefor.

G. Notice of Proposed Termination of Service --

At least 10 calendar days before a proposed termination of residential utility service, or at least 30 calendar days before a proposed termination if the residential utility service customer has provided to the public utility a life-supporting equipment statement, a public utility shall give written notice of disconnection for nonpayment to the account holder. The 10- day or 30-day time period is computed from the date the notice is postmarked or the date it is electronically sent to customers eligible for electronic delivery. The notice shall be given by first class mail or delivery to the premises unless the customer has voluntarily enrolled in a paperless electronic billing program in which case the notice may be sent by electronic mail. The notice shall contain a summary of the following information:

a. a Statement of Customer Rights and Responsibilities under existing state law and Commission rules;

b. the Commission-approved policy on termination of service for that utility;

c. the availability of deferred payment agreements and sources of possible financial assistance including but not limited to state and federal energy assistance programs; d. informal and formal procedures to dispute bills and to appeal adverse decisions, including the Commission's address, website, and telephone number;

e. specific steps, printed in a conspicuous fashion, that may be taken by the consumer to avoid termination of service;

f. the date on which payment arrangements must be made to avoid termination of service; and

g. subject to the provision of Subsection R746-200-1(E), Customer Information, a conspicuous statement, in Spanish, that the notice is a termination of service notice and that the utility has a Spanish edition of its customer information pamphlet and whether it has personnel available during regular business hours to communicate with Spanish-speaking customers.

At least 48 hours before termination of service is scheduled, the utility shall make good faith efforts to notify the account holder or an adult member of the household, by mail, by telephone or by a personal visit to the residence. If personal notification has not been made either directly by the utility or by the customer in response to a mailed notice, the utility shall leave a written termination of service notice at the residence. Personal notification, such as a visit to the residence or telephone conversation with the customer, is required only during the winter months, October 1 through March 31. Other months of the year, the mailed 48-hour notice can be the final notice before the termination of service.

If termination of service is not accomplished within 15 business days following the 48-hour notice, the utility company will follow the same procedures for another 48-hour notice.

3.a.i. A public utility that issues a 30-day notice of termination of service to a customer who has provided the public utility with a life-supporting equipment statement shall provide to the Division an electronic copy of the notice at or before the time the public utility issues the notice to the customer.

ii. Within two business days after receiving the electronic notice described in this Subsection (G)(3)(a)(i), the Division shall provide a letter to the account holder by regular mail:

AA. informing the account holder that the public utility has issued a notice of termination;

BB. noting the method and deadline by which the account holder may request an expedited hearing from the Commission; and

CC. directing the account holder to contact the public utility for additional information.

b. A public utility shall send duplicate copies of 10-day or 30-day termination of service notices to a third party designated by the account holder and shall make reasonable efforts to personally contact the third party designated by the account holder before termination of service occurs, if the third party resides within its service area. A utility shall inform its account holders of the third-party notification procedure at the time of application for service and at least once each year.

In rental property situations where the tenant is not the account holder and that fact is known to the utility, the utility shall post a notice of proposed termination of service on the premises in a conspicuous place and shall make reasonable efforts to give actual notice to the occupants by personal visits or other appropriate means at least five calendar days before the proposed termination of service. The posted notice shall contain the information listed in Subsection R746-200-7(G)(1). This notice provision applies to residential premises when the account holder has requested termination of service or the account holder has a delinquent bill. If nonpayment is the basis for the termination of service, the utility shall also advise the tenants that they may continue to receive utility service for an additional 30 days by paying the charges due for the 30-day period just past.

H. Termination of Service -- Upon expiration of the notice of proposed termination of service, the public utility may terminate residential utility service. Except for service diversion or for safety considerations, utility service shall not be disconnected between Thursday at 4:00 p.m. and Monday at 9:00 a.m. or on legal holidays recognized by Utah, or other times the utility's business offices are not open for business. Service may be disconnected only between the hours of 9:00 a.m. and 4:00 p.m.

I. Customer-Requested Termination of Service --

A customer shall advise a public utility at least three days in advance of the day on which the customer wants service disconnected to the customer's residence. The public utility shall disconnect the service within four working days of the requested disconnect date. The customer shall not be liable for the services rendered to or at the address or location after the four days, unless access to the meter has been delayed by the customer.
A customer who is not an occupant at the residence for which termination of service is requested shall advise the public utility at least 10 days in advance of the day on which the customer wants service disconnected and sign an affidavit that the customer is not requesting termination of service as a means of evicting the customer's tenants. Alternatively, the customer may sign an affidavit that there are no occupants at the residence for which termination of service is requested and thereupon the disconnection may occur within four days of the requested disconnection date.

J. Restrictions Upon Termination of Service Practices -- A public utility shall not use termination of service practices other than those set forth in these rules. A utility shall have the right to use or pursue legal methods to ensure collections of obligations due it.

K. Policy Statement Regarding Elderly and Disabled -- The state recognizes that the elderly and disabled may be seriously affected by termination of utility service. In addition, the risk of inappropriate termination of service may be greater for the elderly and disabled due to communication barriers that may exist by reason of age or infirmity. Therefore, this section is specifically intended to prevent inappropriate terminations of service which may be hazardous to these individuals. In particular, Subsection R746-200-7(G), requiring adequate notice of impending terminations of service, including notification to third parties upon the request of the account holder, Subsection R746-200-7(D)(1), restricting termination of service when the termination of service will cause or aggravate a serious illness or infirmity of a person living in the residence, and Subsection

R746-200-7(D)(2), restricting terminations of service to residences when life-supporting equipment is in use, are intended to meet the special needs of elderly and disabled persons, as well as those of the public in general.

L. Load Limiter as a Substitute for Termination of Service, Electric Utilities --

An electric utility may, but only with the customer's consent, install a load limiter as an alternative to terminating electric service for non-payment of a delinquent account or for failure to comply with the terms of a deferred payment agreement or Commission order. Conditions precedent to the termination of electric service must be met before the installation of a load limiter.
Disputes about the level of load limitation are subject to the informal review procedure of Subsection R746-200-8.
Electric utilities shall submit load limiter policies and procedures to the Commission for their review before the implementation and use of those policies.

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

Utah Admin. Code R746-200-8 Informal Review

A. A person who is unable to resolve a dispute with the utility concerning a matter subject to Public Service Commission jurisdiction may obtain informal review of the dispute by a designated employee within the Division of Public Utilities. This employee shall investigate the dispute, try to resolve it, and inform both the utility and the consumer of his findings within five business days from receipt of the informal review request. Upon receipt of a request for informal review, the Division employee shall, within one business day, notify the utility that an informal complaint has been filed. Absent unusual circumstances, the utility shall attempt to resolve the complaint within five business days. In no circumstances shall the utility fail to respond to the informal complaint within five business days. The response shall advise the complainant and the Division employee regarding the results of the utility's investigation and a proposed solution to the dispute or provide a timetable to complete any investigation and propose a solution. The utility shall make reasonable efforts to complete any investigation and resolve the dispute within 30 calendar days. A proposed solution may be that the utility request that the informal complaint be dismissed if, in good faith, it believes the complaint is without merit. The utility shall inform the Division employee of the utility's response to the complaint, the proposed solution and the complainant's acceptance or rejection of the proposed solution and shall keep the Division employee informed as to the progress made with respect to the resolution and final disposition of the informal complaint. If, after 30 calendar days from the receipt of a request for informal review, the Division employee has received no information that the complainant has accepted a proposed solution or otherwise completely resolved the complaint with the utility, the complaint shall be presumed to be unresolved.

B. Mediation -- If the utility or the complainant determines that they cannot resolve the dispute by themselves, either of them may request that the Division attempt to mediate the dispute. When a mediation request is made, the Division employee shall inform the other party within five business days of the mediation request. The other party shall either accept or reject the mediation request within ten business days after the date of the mediation request, and so advise the mediation- requesting party and the Division employee. If mediation is accepted by both parties or the complaint continues to be unresolved 30 calendar days after receipt, the Division employee shall further investigate and evaluate the dispute, considering both the customer's complaint and the utility's response, their past efforts to resolve the dispute, and try to mediate a resolution between the complainant and the utility. Mediation efforts may continue for 30 days or until the Division employee informs the parties that the Division has determined that mediation is not likely to result in a mutually acceptable resolution, whichever is shorter.

C. Division Access to Information During Informal Review or Mediation -- The utility and the complainant shall provide documents, data or other information requested by the Division, to evaluate the complaint, within five business days of the Division's request, if reasonably possible or as expeditiously as possible, if they cannot be provided within five business days.

D. Commission Review -- If the utility has proposed that the complaint be dismissed from informal review for lack of merit and the Division concurs in the disposition, if either party has rejected mediation or if mediation efforts are unsuccessful and the Division has not been able to assist the parties in reaching a mutually accepted resolution of the informal dispute, or the dispute is otherwise unresolved between the parties, the Division in all cases shall inform the complainant of the right to petition the Commission for a review of the dispute, and shall make available to the complainant a standardized complaint form with instructions approved by the Commission. The Division itself may petition the Commission for review of a dispute in any case which the Division determines appropriate. While a complainant is proceeding with an informal or a formal review or mediation by the Division or a Commission review of a dispute, no termination of service shall be permitted, if any amounts not disputed are paid when due, subject to the utility's right to terminate service pursuant to R746-200-7(F), Termination of Service Without Notice.

E. Notwithstanding any other provision of this rule (R746-200-8), a customer who has provided to a public utility a life-supporting equipment statement and who has received the 30-day written notice of proposed termination of service described in R746-200-7.D.2 may bypass informal review and receive an expedited hearing before the Commission if the Commission receives a written complaint and request for a hearing from the customer within 10 calendar days after the date the notice is postmarked.

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

Utah Admin. Code R746-200-9 Formal Agency Proceedings Based Upon Complaint Review

The Commission, upon its own motion or upon the petition of any person, may initiate formal or investigative proceedings upon matters arising out of informal complaints.

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

Utah Admin. Code R746-200-10 Penalties

A. A residential account holder who claims that a regulated utility has violated a provision of these customer service rules, other Commission rules, company tariff, or other approved company practices may use the informal and formal grievance procedures. If considered appropriate, the Commission may assess a penalty pursuant to Section 54-7-25.

B. Fines collected shall be used to assist low income Utahns to meet their basic energy needs.

History

KEY: public utilities, rules, utility service shutoff
Date of Last Change: May 15, 2017
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9; 54-7-25

R746-210 Utility Service Rules Applicable Only to Electric Utilities

Utah Admin. Code R746-210-1 Public Utility Regulatory Policy Act (PURPA) Standards for Master-Metered Multiple Tenancy Dwellings

A. The Public Utility Regulatory Policy Act (PURPA) standards for Master Metered Multiple Tenancy Dwellings as set forth below are hereby adopted by the Commission.

Section 113 of PURPA 16 USCA states:

"To the extent determined appropriate under Section 115(d), master metering of electric service in the case of new buildings shall be prohibited or restricted to the extent necessary to carry out the purpose of this Title.

Section 115(d) states:

"Separate metering shall be determined appropriate for any new building for purposes of section 113(b)(1) if --

(1) there is more than one unit in such building,

(2) the occupant of each such unit has electric energy used in such unit, and

(3) with respect to such portion of electric energy used in such unit, the long-run benefits to the electric consumers in such building exceed the costs of purchasing and installing separate meters in such building.

History

KEY: electric utility industries, rules, procedure
Date of Last Change: June 20, 2002
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1

Utah Admin. Code R746-210-2 Exemptions

A. Automatic Exemptions -- Separate individual metering is not required for:

Those portions of transient multiple occupancy buildings and transient mobile home parks normally used as temporary domiciles in such buildings as hotels, motels, dormitories, rooming houses, hospitals, nursing homes and those mobile home park sections designated for travel trailers;
Residential unit space in multiple occupancy buildings where all space heating, water heating, ventilation and cooling are provided through central systems and where the electric load within each unit that is controlled by the tenant is projected to be 250 kWh or less per month and where the utility has been provided reasonable substantiation of the load projection;
Common building areas such as hallways, elevators, reception and/or washroom, security lighting areas.
Commercial unit space which is:

a. Subject to alternation with change in tenants as evidenced by temporary as distinguished from permanent type of load bearing wall and floor construction separating the commercial unit spaces, and

b. Non-energy intensive as evidenced by connected loads other than space heating, water heating, and air- conditioning of five watts or less per square foot of occupied space.

History

KEY: electric utility industries, rules, procedure
Date of Last Change: June 20, 2002
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1

Utah Admin. Code R746-210-3 Exemptions Requiring a Cost-Effectiveness Test

Cases not covered under "automatic exemptions" will be granted an exemption if the benefit-to-cost ratio is less than one (1) with respect to separate metering using the cost effectiveness test guidelines described below. The burden of proof rests with the person requesting exemption and the evidence required to sustain that burden must demonstrate that the long-run benefits of individual metering to the electric consumer are less than the costs of purchasing and installing separate meters. Written requests to the utility for an exemption will be given consideration based upon the following criteria and conditions:

A. "New buildings" shall be defined as those structures or mobile home parks for which a building permit is obtained on or after August 1, 1984, or, if no permit is required, for which construction is commenced on or after August 1, 1984. Construction is defined to begin when footings are poured.

B. The benefits shall be quantified in dollars of savings and shall reflect the difference in electricity use which results when separate metering is utilized rather than master-metering. The lump sum savings shall reflect a present worth analysis using as a discount rate the percentage interest rate of long-term debt such as the utility's latest long-term bond issue, or a mortgage rate, and a period equal to the estimated life of the building. Such analysis, including its preparation and expense, shall be the sole responsibility of the customer.

C. The customer's determination of benefit shall be based on electric service supplied by the utility at electric service rates and regulations approved by the Commission, including but not limited to, regulations that prohibit resale of electric service to any other person or entity unless taking service under rate schedules that specifically provide for reselling.

D. The cost shall be quantified in dollars and shall reflect the current difference in installed cost between master and individual metering. The lump sum differential cost reflecting the purchase and installation of separate meters versus a single meter shall be prepared by the utility. The preparation of the differential costs of meter bases and building wiring shall be the sole responsibility of the customer; and

E. The benefit-to-cost ratio shall equal the present worth of benefits described in paragraph (b) divided by the current (present worth) costs described in paragraph (d).

History

KEY: electric utility industries, rules, procedure
Date of Last Change: June 20, 2002
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1

Utah Admin. Code R746-210-4 Exemption by Appeal

In the event the customer disagrees with the utility's determination of the exemption, such dispute shall be resolved by the Commission. The Commission, upon its own motion or upon the petition of any person, may initiate formal or investigative proceedings upon any matter arising out of an informal complaint. Further, a formal investigation requires not only the benefit- to-cost determination, but also a showing by the customer that a granted exemption status will be consistent with the stated purposes of Title I of PURPA; i.e., conservation, efficiency, and equity. It is appropriate that equity, conservation and efficiency not be negatively impacted as required under the promulgated PURPA regulations.

History

KEY: electric utility industries, rules, procedure
Date of Last Change: June 20, 2002
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1

Utah Admin. Code R746-210-5 Submetering as an Alternative to Individual Metering

There are no circumstances, other than exemptions, where submetering is an acceptable alternative to individual metering under the constraints of PURPA. Submetering, while giving consumers control over their energy consumption, still retains a primary objection to master metering; namely, that since customers of a master metered utility customer are not customers of a regulated public utility, the Commission is without authority to provide redress where appropriate, such as in cases of service or billing problems.

History

KEY: electric utility industries, rules, procedure
Date of Last Change: June 20, 2002
Notice of Continuation: March 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1

R746-240 Telecommunication Service Rules

Utah Admin. Code R746-240-1 General Provisions

A. Authorization--The Utah Public Utility Code Sections 54-1-1, 54-4-4, 54-4-7, 54-4-8, and 54-4-14.

B. Title--These rules shall be known and may be cited as the Utah Service Rules for Telecommunication Corporations.

C. Purpose--The purpose of these rules is to establish and enforce uniform telecommunications service practices and procedures governing eligibility, deposits, account billing, termination and deferred payment agreements.

D. Objective--The objective of these rules is to assure the adequate provision of residential and business telecommunications service, to restrict unreasonable termination of or refusal to provide residential and business telecommunications service, to provide functional alternatives to termination or refusal to provide residential or business telecommunications service, and to establish and enforce fair and equitable procedures governing eligibility, deposits, account billing, termination and deferred payment agreements.

E. Nondiscrimination--Telecommunications service shall be provided to qualified persons without regard to employment, occupation, race, handicap, creed, sex, national origin, marital status, or number of dependents.

F. Requirement of Good Faith--Every agreement or obligation within these rules imposes an obligation of good faith, honest, and fair dealings in its performance and enforcement.

G. Application of Rules--These telecommunications service rules shall apply to each telecommunications corporation operating within Utah under the jurisdiction of the Public Service Commission.

A telecommunications corporation may petition the Commission for an exemption from specified portions of these rules in accordance with R746-1-109, Deviation from Rules.
The adoption of these rules by the Commission shall in no way preclude it from altering or amending a specific rule pursuant to applicable statutory procedures.

H. Customer's Statement of Rights and Responsibilities--When telecommunications service is extended to an account holder, and annually thereafter, a local exchange carrier shall provide a copy of the "Customer's Statement of Rights and Responsibilities" as approved by the Public Service Commission. This statement shall be a single page document. It shall be prominently displayed in each customer service center.

History

KEY: procedures, telecommunications, telephones
Date of Last Change: August 8, 2005
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9

Utah Admin. Code R746-240-2 General Definitions

A. "Account Holder"--A person, corporation, partnership, or other entity which has agreed with a telecommunications corporation to pay for receipt of telecommunications services and to which the utility provides the telecommunications services.

B. "Applicant"--A person, corporation, partnership, or other entity that applies to a telecommunications corporation for local access line services.

C. "Local Exchange Carrier/LEC"--A telecommunications corporation that provides the local access line services within the geographic territory authorized by the Commission.

D. "Deferred Payment Agreement"--An agreement to receive or to continue to receive telecommunications service pursuant to Section R746-240-5, Deferred Payment Agreement, and to pay an outstanding debt or delinquent account owed to a telecommunications corporation.

History

KEY: procedures, telecommunications, telephones
Date of Last Change: August 8, 2005
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9

Utah Admin. Code R746-240-3 Deposits and Eligibility for Service

A. Deposits and Guarantees--

Telecommunications corporations not subject to pricing flexibility pursuant to 54-8b-2.3 shall have Commission approved tariffs on file relating to their security deposits and third party guarantor polices and procedures. Telecommunications corporations subject to pricing flexibility shall include any terms and conditions relating to their security deposits and third party guarantor policies and procedures in their price lists.
Simple interest shall accrue on a deposit and shall be paid at the time the deposit is either refunded or applied to the customer's final bill for service. The interest rate used by a telecommunications corporation shall be set by the Commission.

B. Eligibility for Service--

Telecommunications service is to be conditioned upon payment of deposits, when required, and of the outstanding debts for past telecommunications service which are owed by the applicant to that telecommunications corporation, subject to Section R746-240-7 Review and Resolution of Disputes, and Section R746-240-8, Formal Agency Proceedings Based Upon Complaint Review. That service may be denied when unsafe conditions exist, when the applicant has given false information in applying for telecommunications service, or when the applicant has tampered with the telecommunications corporation's lines, equipment, or other properties.
When an applicant is unable to pay an outstanding debt in full, service may be provided upon execution of a deferred payment agreement as set forth in Section R746-240-5, Deferred Payment Agreement.
An applicant is ineligible for service if at the time of application, the applicant is cohabiting with a delinquent account holder, previously terminated for non-payment, and the applicant and the delinquent account holder received the telecommunications corporation's service, whether the service was received at the applicant's present address or another address.

History

KEY: procedures, telecommunications, telephones
Date of Last Change: August 8, 2005
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9

Utah Admin. Code R746-240-4 Account Billing

A. Billing Procedures--

Bills to account holders for telecommunications services shall be issued on a monthly basis and shall be typed or machine printed.

B. Periodic Billing Statement--

Except in the case of telecommunications service which is deemed to be uncollectible or with respect to which collection or termination procedures have been instituted, a telecommunications corporation shall mail or deliver to the account holder, for each billing cycle at the end of which there is an outstanding balance for current service, a statement which the account holder may retain, setting forth each of the following disclosures to the extent applicable:

a. the outstanding balance in the account at the beginning of the current billing cycle using a term such as "previous balance";

b. the amount of the charges debited to the account during the current billing cycle using a term such as "current service";

c. the amount of the payments made to the account from the previous billing cycle using a term, such as "payments";

d. the amount of the late payment charges debited to the account during the current billing cycle using a term, such as "late charge";

e. a listing of the closing date of the current billing cycle and the outstanding balance in the account on that date using a term, such as "amount due";

f. a listing of the statement, or payment, due date;

g. a listing of the date by which payment of the new balance must be made to avoid assessment of a late charge;

h. a statement that a late charge, expressed in annual percentage rate or periodic rate, may be assessed against the account for late payment;

i. a statement such as: "If you have questions about this bill, please call the company at--phone #".

C. Late Charge--

A late payment charge of a periodic rate as established by the Commission may be assessed against an unpaid balance pursuant to specific tariffs approved by the Commission for telecommunications corporations not subject to pricing flexibility pursuant to 54-8b-2.3. Late payment charges shall not apply if payment is made before the next bill is rendered by the telecommunications corporation. A late payment charge may be assessed against an unpaid balance pursuant to terms and conditions in price lists of telecommunications corporations subject to pricing flexibility.
No other charge, whether described as a finance charge, service charge, discount, net or gross charge may be applied to an account for failure to pay an outstanding bill by the statement due date. This subsection does not apply to reconnection charges or return check service charges.

D. Statement Due Date--An account holder shall have not less than 20 days from the bill date to pay the new balance, which date shall be the statement due date.

E. Disputed Bill--

In the event of a dispute between the account holder and the telecommunications corporation respecting a bill, the telecommunications corporation may require the account holder to pay the undisputed portion of the bill to avoid discontinuance of service for nonpayment. The telecommunications corporation shall make an investigation as may be appropriate to the particular case, and report the result thereof to the account holder. In the event the dispute is not reconciled, the telecommunications corporation shall advise the account holder that he may make application to the Division of Public Utilities for review and disposition of the matter per Section R746-240-7, Review and Resolution of Disputes.
Inaccurately billed service--When the billings for telecommunications services have not been accurately determined because of the telecommunications corporation's omission or negligence, the telecommunications corporation shall offer and enter into reasonable payment arrangements when the amount owed by the customer exceeds $25 and when the period over which the underbilling accumulated exceeds one month. When a telecommunications corporation overbills a customer for telecommunications service, the telecommunications corporation shall offer the account holder a credit on future bills or a refund if requested by the account holder.
Interruption of service--In the event the account holder's service is interrupted, other than by the negligence or the willful act of the account holder, and it remains out of service for a specified number of hours, after being reported or found by the telecommunications corporation to be out of order, credit adjustments shall be made to the account holder's billing. The specified number of hours, which can be either 24 or 48, and the adjustment methods will be as shown in the tariffs of each telecommunications corporation and approved by the Commission for telecommunications corporations that are not subject to pricing flexibility pursuant to 54-8b-2.3 or in the price lists of each telecommunications corporation that is subject to pricing flexibility.

History

KEY: procedures, telecommunications, telephones
Date of Last Change: August 8, 2005
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9

Utah Admin. Code R746-240-5 Deferred Payment Agreement

A. Delinquent Account--

An account holder who is unable to pay a delinquent account balance on demand may be able to receive telecommunications services under a deferred payment agreement, if such an agreement is offered by the LEC.
When a telecommunications corporation offers a form of a deferred payment agreement, the account holder can prevent disconnection, or be reconnected, by negotiating and executing a deferred payment agreement and paying the first installment at the telecommunications corporation's business office. Within two working days after the account holder makes the first installment payment, telecommunications service will be reconnected.
After negotiating a deferred payment agreement, the account holder shall pay the current bills for service plus the monthly installment necessary to liquidate the delinquent bill.
A deferred payment agreement may include a late payment charge as authorized for the telecommunications corporation by the Commission.

B. Breach--If an account holder breaches a condition or term of a deferred payment agreement, the telecommunications corporation may treat that breach as a delinquent account and shall have the right to terminate service without further notice.

History

KEY: procedures, telecommunications, telephones
Date of Last Change: August 8, 2005
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9

Utah Admin. Code R746-240-6 Termination

A. Delinquent Account--

A service bill which has remained unpaid beyond the statement due date is a delinquent account. A telecommunications corporation shall not consider an account holder's bill past due unless it remains unpaid for a period of 20 calendar days after the billing date printed on the bill.
When an account is delinquent, the telecommunications corporation, before termination, shall issue a written late notice to inform the account holder of the delinquent status. A late notice or reminder notice must include the following information:

a. a statement that the account is a delinquent account and should be paid promptly;

b. a statement that the account holder should communicate with the telecommunications corporation's collection department, by calling the company, if the account holder has questions concerning the account;

c. a statement of the delinquent account balance, using a term such as "delinquent account balance."

When the account holder responds to a late notice or reminder notice, the telecommunications corporation's collections personnel shall investigate any disputed issue and shall attempt to resolve that issue by negotiation. If the dispute is not resolved, the telecommunications corporation's collection personnel shall inform the account holder that he may make application to the Division of Public Utilities for a review and disposition pursuant to Section R746-240-7, Review and Resolution of Disputes. During this investigation and negotiation and a subsequent review by the Division of Public Utilities no other action shall be taken to terminate the local access service if the account holder pays the undisputed portion of the account, subject to the telecommunications corporation's right to terminate service pursuant to R746-240-6(D), Termination Without Notice.

B. Reasons for Termination--

Service may be terminated by a telecommunications corporation for the following reasons:

a. nonpayment of billed and delinquent charges, deposits, deferred payments owed to the telecommunications corporation;

b. abusive use of the telephone services in a manner that interferes with the service of another person;

c. intentionally using the service in a manner that causes wrongful billing charges to another person;

d. intentionally using the service to transmit messages or to locate a person to give or obtain information, without payment of appropriate message charges;

e. using the service with fraudulent intent by impersonating someone else;

f. using the service for unlawful purposes;

g. tampering with or destroying company lines, equipment or other properties;

h. subterfuge or deliberately furnishing false information when applying for and obtaining telephone services;

i. abandonment of the service.

The following shall be insufficient grounds for termination of service:

a. a delinquent account, accrued prior to the commencement of a divorce or separate maintenance action in the courts, in the name of a former spouse;

b. cohabitation of a current account holder with one who is a delinquent account holder who was previously terminated for non-payment, unless the current and delinquent account holders also cohabited during the time the delinquent account holder received the telecommunications corporation's service, whether such service was received at the current account holder's present address or another address;

c. when the delinquent account balance is $15.00, or less, except when a delinquent balance has accrued for more than 3 months.

d. delinquency in payment for service by a previous occupant at the premises to be served other than a member of the same family or household;

e. failure to pay any amount in a bona fide dispute before the Division or Commission.

C. Medical Emergency/Medical Facilities--

A local exchange carrier shall postpone discontinuance of service of a residential customer for 30 days from the date of a certificate of a licensed physician which states that discontinuance of service will aggravate an existing medical emergency or create a medical emergency for the customer, a member of his family, or other permanent resident on the premises where service is rendered. This postponement shall be limited to a single 30-day period or a lesser period as may be agreed upon by the telecommunications corporation and the account holder. A person whose health is threatened or illness aggravated may petition the Commission for an extension of time.
The notice or certificate of medical emergency must be in writing and show clearly the name of the person whose illness would be exacerbated by discontinuance of service, the nature of the medical emergency, the specific manner in which the discontinuance of service will aggravate or create a medical emergency, and the name, title, and signature of the physician certifying the medical emergency.
In instances when discontinuance of service is delayed for medical reasons, the telecommunications corporation may restrict the ability of the account holder to place toll calls. The account holder shall pay the appropriate rates for toll restriction service.

D. Termination Without Notice--A telecommunications corporation may terminate local access without notice when, in its judgment, a clear emergency or serious health or safety hazard exists, or when there is unauthorized use of or diversion of a telecommunications corporation service or tampering with lines, or other property owned by the telecommunications corporation. The telecommunications corporation shall notify the account holder of the reason for the termination of service.

E. Notice of Proposed Termination--The account holder shall be notified in writing of the telecommunications corporation's intention to discontinue service and be allowed no less than seven days from the mailing date to respond to the notice. Notices of proposed discontinuance of service shall state:

the reasons for and date of scheduled discontinuance of service;
actions which the account holder may take to avoid discontinuance of service;
a statement of the customer's rights and responsibilities under existing state law and Commission rules.

F. Effort to Contact the Account Holder--

On the business day prior to actual discontinuance of telecommunications service, a representative of the telecommunications corporation shall make a reasonable effort to contact the account holder affected, either in person or by telephone, to apprise the account holder of the proposed action and steps to take to avoid or delay discontinuance. This oral notice shall include the same information required for written notice. Each local exchange carrier shall maintain clear, written records of these oral notices, showing dates and names of employees giving the notices.
The telecommunications corporation shall make reasonable efforts to personally contact a third party designated by the residential account holder before termination occurs, if the third party resides within its service area. The telecommunications corporation shall inform its account holders of the third party notification procedure in its statement of customer rights and responsibilities.

G. Termination--Upon expiration of the notice of proposed termination, the telecommunications corporation may terminate service.

H. Account Holder Requested Termination--An account holder shall advise a telecommunications corporation at least three days in advance of the day on which he wants local access service disconnected. The telecommunications corporation shall disconnect the service within one working day of the requested disconnect date. The account holder shall not be liable for services rendered to or at the address or location after 11:59 p.m. of the requested disconnect date.

History

KEY: procedures, telecommunications, telephones
Date of Last Change: August 8, 2005
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9

Utah Admin. Code R746-240-7 Review and Resolution of Disputes

A. Informal Review--A person who is unable to resolve a dispute with a telecommunications corporation concerning a matter subject to Public Service Commission jurisdiction may obtain informal review of the dispute by a designated employee within the Division of Public Utilities. Upon receipt of a request for informal review, the Division employee shall, within one business day, notify the telecommunications corporation that an informal complaint has been filed. Absent unusual circumstances, the telecommunications corporation shall attempt to resolve the complaint within five business days. In no circumstance shall the telecommunications corporation fail to respond to the informal complaint within five business days. The response shall advise the complainant and the Division employee regarding the results of the telecommunications corporation's investigation and a proposed solution to the dispute or provide a timetable to complete any investigation and propose a solution. The telecommunications corporation shall make reasonable efforts to complete any investigation and resolve the dispute within 30 calendar days. A proposed solution may be that the telecommunications corporation requests that the informal complaint be dismissed if, in good faith, it believes the complaint is without merit. The telecommunications corporation shall inform the Division employee of the telecommunications corporation's response to the complaint, the proposed solution and the complainant's acceptance or rejection of the proposed solution and shall keep the Division employee informed as to the progress made with respect to the resolution and final disposition of the informal complaint. If, after 30 calendar days from the receipt of a request for informal review, the Division employee has received no information that the complainant has accepted a proposed solution or otherwise completely resolved the complaint with the telecommunications corporations, the complaint shall be presumed to be unresolved.

B. Mediation--If the telecommunications corporation or the complainant determines that they cannot resolve the dispute by themselves, either of them may request that the Division attempt to mediate the dispute. When a mediation request is made, the Division employee shall inform the other party within five business days of the mediation request. The other party shall either accept or reject the mediation request within ten business days after the date of the mediation request, and so advise the mediation requesting party and the Division employee. If mediation is accepted by both parties or the complaint continues to be unresolved 30 calendar days after receipt, the Division employee shall further investigate and evaluate the dispute, considering both the customer's complaint and the telecommunications corporation's response, their past efforts to resolve the dispute, and try to mediate a resolution between the complainant and the telecommunications corporation. Mediation efforts may continue for 30 days or until the Division employee informs the parties that the Division has determined that mediation is not likely to result in a mutually acceptable resolution, whichever is shorter.

C. Division Access to Information During Informal Review or Mediation--The telecommunications corporation and the complainant shall provide documents, data or other information requested by the Division, to evaluate the complaint within five business days of the Division's request, if reasonably possible or as expeditiously as possible if they cannot be provided within five business days.

D. Commission Review--If the telecommunications corporation has proposed that the complaint be dismissed from informal review for lack of merit and the Division concurs in the disposition, if either party has rejected mediation or if mediation efforts are unsuccessful and the Division has not been able to assist the parties in reaching a mutually accepted resolution of the informal dispute, or the dispute is otherwise unresolved between the parties, the Division in all cases shall inform the complainant of the right to petition the Commission for a review of the dispute, and shall make available to the complainant a standardized complaint form with instructions approved by the Commission. The Division itself may petition the Commission for review of a dispute in any case which the Division determines appropriate. While a complainant is proceeding with an informal review or mediation by the Division or a Commission review of a dispute, no termination of telecommunications service shall be permitted, if amounts not disputed are paid when due, subject to the telecommunications corporation's right to terminate service pursuant to R746-240-6(D), Termination Without Notice.

History

KEY: procedures, telecommunications, telephones
Date of Last Change: August 8, 2005
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9

Utah Admin. Code R746-240-8 Formal Agency Proceedings Based Upon Complaint Review

The Commission, upon its own motion, the petition of the Division of Public Utilities, or any person, may initiate formal hearings or investigative proceedings upon a matter arising out of an informal complaint.

History

KEY: procedures, telecommunications, telephones
Date of Last Change: August 8, 2005
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7; 54-7-9

R746-310 Uniform Rules Governing Electricity Service by Electric Utilities

Utah Admin. Code R746-310-1 General Provisions

A. 1. Scope and Applicability -- The following rules apply to the methods and conditions for service employed by utilities furnishing electricity in Utah.

A utility may petition the Commission for an exemption from specified portions of these rules in accordance with R746-1-109, Deviation from Rules.

B. Definitions --

"Capacity" means load which equipment or electrical system can carry.
"CFR" means the Code of Federal Regulations, 1998 edition.
"Commission" means the Public Service Commission of Utah.
"Contract Demand" means the maximum amount of kilowatt demand that the customer expects to use and for which the customer has contracted with the utility.
"Customer" means a person, firm, partnership, company, corporation, organization, or governmental agency supplied with electrical power by an electric utility subject to Commission jurisdiction, at one location and at one point of delivery.
"Customer's Installation" means the electrical wiring and apparatus owned by the customer and installed by or for the customer to facilitate electric service and which is located on the customer's side of the point of delivery of electric service.
"Customer meter" or "meter" means the device used to measure the electricity transmitted from an electric utility to a customer.
"Demand" means the rate in kilowatts at which electric energy is delivered by the utility to the customer at a given instant or averaged over a designated period of time.
"Electric service" means the availability of electric power and energy at the customer's point of delivery at the approximate voltage and for the purposes specified in the application for electric service, electric service agreement or contract, irrespective of whether electric power and energy is actually used.
"Energy" means electric energy measured in kilowatt-hours--kWh. For billing purposes energy is the customer's total use of electricity measured in kilowatt-hours during any month.
"FERC" means the Federal Energy Regulatory Commission.
"Month" means the period of approximately 30 days intervening between regular successive meter reading dates.
"National Electrical Safety Code" means the 2017 edition of the National Electrical Safety Code, C2-2017, as promulgated by the Institute of Electrical and Electronics Engineers, which is incorporated by reference.
"Point of delivery" means the point, unless otherwise specified in the application for electric service, electric service agreement or contract, at which the utility's service wires are connected with the customer's wires or apparatus. If the utility's service wires are connected with the customer's wire or apparatus at more than one point, each connecting point shall be considered a separate point of delivery unless the additional connecting points are made by the utility for its sole convenience in supplying service. Additional service supplied by the utility at a different voltage or phase classification shall also be considered a separate point of delivery. Each point of delivery shall be separately metered and billed.
"Power" means electric power measured in kilowatts--kw. For billing purposes, power is the customer's maximum use of electricity shown or computed from the readings of the utility's kilowatt meter for a 15-minute period, unless otherwise specified in the applicable rate schedule; at the option of the utility it may be determined either by periodic tests or by permanent meters.
"Power factor" means the percentage determined by dividing customer's average power use in kilowatts, real power, by the average kilovolt-ampere power load, apparent power, imposed upon the utility by the customer.
"Premises" means a tract of land with the buildings thereon or a building or part of a building with its appurtenances.
"Rated capacity" means load for which equipment or electrical system is rated.
"Service line" means electrical conductor which ties customer point of delivery to distribution network.
"Transmission line" means high voltage line delivering electrical energy to substations.
"Utility" means an electrical corporation as defined in Section 54-2-1.
"Year" means the period between the date of commencement of service under the application for electric service, electric service agreement or contract and the same day of the following calendar year.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

Utah Admin. Code R746-310-2 Customer Relations

A. Information to Customers -- Each electric utility shall transmit to each of its consumers a clear and concise explanation of the existing rate schedule, and each new rate schedule applied for, applicable to the consumer. This statement shall be transmitted to each consumer:

Not later than 60 days after the date of the commencement of service to the consumer and not less frequently than once a year thereafter, and
Not later than 30 days, 60 days if a utility uses a bi-monthly billing system, after the utility's application for a change in a rate schedule applicable to the consumer.
An electric utility shall annually mail to its customers a clear and concise explanation of rate schedules that may be applicable to that customer.
The required explanation of existing and proposed rate schedules may be transmitted together with the consumer's regular billing for utility service or in a manner deemed appropriate by the Commission.
An electric utility shall print on its monthly bill, in addition to the information regarding consumption and charges for the current bill, similar information showing average daily energy use and cost for the same billing period for the previous year. That information shall include the utility telephone number for use by customers with questions or concerns on their electric service.

B. Meter Reading Method -- Upon request, utilities shall furnish reasonable assistance and information as to the method of reading customer meters and conditions under which electric service may be obtained from their systems.

C. Utility's Responsibility -- Nothing in these rules shall be construed as placing upon the utility a responsibility for the condition or maintenance of the customer's wiring, appliances, current consuming devices or other equipment, and the utility shall not be held liable for loss or damage resulting from defects in the customer's installation and shall not be held liable for damage to persons or property arising from the use of the service on the premises of the customer.

D. Conditions of Service -- The utility shall have the right of refusing to, or of ceasing to, deliver electric energy to a customer if any part of the customer's service, appliances, or apparatus shall be unsafe, or if the utilization of electric energy by means thereof shall be prohibited or forbidden under the authority of a law or municipal ordinance or regulation, until the law, ordinance or regulation shall be declared invalid by a court of competent jurisdiction, and may refuse to serve until the customer shall put the part in good and safe condition and comply with applicable laws, ordinances and regulations.

The utility does not assume the duty of inspecting the customer's services, appliances or apparatus, and assumes no liability therefore. If the customer finds the electric service to be defective, the customer is requested to immediately notify the utility to this effect.

E. Access to premises and meters -- As a condition of service the customer shall, either explicitly or implicitly, grant the utility necessary permission to enable the utility to install and maintain service on the premises. The customer shall grant the utility permission to enter upon the customer's premises at reasonable times without prior arrangements, for the purpose of reading, inspecting, repairing, or removing utility property.

If the customer is not the owner of the occupied premises, the customer shall obtain permission from the owners.

F. Customer Complaints --

Utilities shall fully and promptly investigate customer complaints pertaining to service. Utilities shall maintain record of each complaint that concerns outages or interruptions of service including the date, nature, and disposition of the complaint.
Customer complaints shall be filed with the Commission in accordance with Subsection R746-1-201, Complaints.

G. Service Interruptions --

Utilities shall maintain records of interruptions of service of their entire system, a community, or a major distribution circuit. These records shall indicate the date, time of day, duration, approximate number of customers affected, cause and the extent of the interruption.
Utilities will provide reasonable notice of contemplated work which is expected to result in service interruptions. Failure of a customer to receive this notice shall not create a liability upon the utility. When it is anticipated that service must be interrupted, the utility will endeavor to do the work at a time which causes the least inconvenience to customers.
For the purposes of this section, a service interruption is defined as a consecutive period of three minutes or longer, during which the voltage is reduced to less than 50 percent of the standard voltage.

H. Restrictions of Change of Utility Service -- If a customer has once obtained service from an electric utility, that customer may not be served by another electric utility at the same premises without prior approval of the Commission.

I. Rate Schedules, Rules and Regulations -- Utilities may adopt reasonable rules and regulations, not inconsistent with Commission rules governing service and customer relations. Upon Commission approval, rules and regulations of the utilities shall constitute part of utility tariffs.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

Utah Admin. Code R746-310-3 Meters and Meter Testing

A. Reference and Working Standards

Reference standards -- Utilities having 500 or more meters in service shall have a high grade reference standard meter which shall be calibrated at least annually by the U.S. Bureau of Standards or a testing agency that regularly calibrates with them. Other utilities with meters in service shall at least have access to another utility's or testing agency's high grade reference standards that are periodically calibrated.
Working standards -- Utilities furnishing metered service shall provide for, or have access to, high grade testing instruments, working standards, to test the accuracy of meters or other instruments used to measure electricity consumed by its customers. The error of accuracy of the working standards at both light load and full load shall be less than one percent of 100 percent of rated capacity. This accuracy shall be maintained by periodic calibration against reference standards.

B. Meter Tests -- Unless otherwise directed by the Commission, the requirements contained in the 2014 edition of the American National Standards for Electric Meters Code for Electricity Metering, ANSI C12.1-2014, incorporated by reference, shall be the minimum requirements relative to meter testing.

Accuracy limits -- After being tested, meters shall be adjusted to as near zero error as practicable. Meters shall not remain in service with an error over two percent of tested capacity, or if found to register at no load.
Before installation -- New meters shall be tested before installation. Removed meters shall be tested before or within 60 days of installation.
Periodic -- In-service meters shall be periodically or sample tested.
Request -- Upon written request, utilities shall promptly test the accuracy of a customer's meter. If the meter has been tested within 12 months preceding the date of the request, the utility may require the customer to make a deposit. The deposit shall not exceed the estimated cost of performing the test. If the meter is found to have an error of more than two percent of tested capacity, the deposit shall be refunded; otherwise, the deposit may be retained by the utility as a service charge. Customers shall be entitled to observe tests, and utilities shall provide test reports to customers.
Referee -- In the event of a dispute, the customer may request a referee test in writing. The Commission may require the deposit of a testing fee. Upon filing of the request and receipt of the deposit, if required, the Commission shall notify the utility to arrange for the test. The utility shall not remove the meter prior to the test without Commission approval. The meter shall be tested in the presence of a Commission representative, and if the meter is found to be inaccurate by more than two percent of rated capacity, the customer's deposit shall be refunded; otherwise, it may be retained.

C. Bill Adjustments for Meter Error --

Fast meter -- If a meter tested pursuant to this section is more than two percent fast, the utility shall refund to the customer the overcharge based on the corrected meter readings for the period the meter was in use, not exceeding six months, unless it can be shown that the error was due to some cause, the date of which can be fixed. In this instance, the overcharge shall be computed back to, but not beyond that time.
Slow meter -- If a meter tested pursuant to this section is more than two percent slow, the utility may bill the customer for the estimated energy consumed but not covered by the bill for a period not exceeding six months unless it can be shown that the error was due to some cause, the date of which can be fixed. In this instance, the bill shall be computed back to, but not beyond that time.
Non-registering meter -- If a meter does not register any usage, the utility may bill the customer for the estimated energy used but not registered for a period not exceeding three months.
Incorrectly-registering meter -- If a meter registers usage, but fails to register the correct amount of electric power or energy used by the customer for any reason, other than as described in Subsection R746-310-3(C)(1) and (2), the amount of such use will be estimated by the utility from the best available information, and billed for a period not exceeding twenty-four months.

D. Meter Records -- Utilities shall maintain records for each meter until retirement. This record shall contain the identification number; manufacturer's name, type and rating; each test, adjustment and repair; date of purchase; and location, date of installation, and removal from service. Utilities shall keep records of the last meter test for every meter. At a minimum, the records shall identify the meter, the date, the location of and reason for the test, the name of the person or organization making the test, and the test results.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

Utah Admin. Code R746-310-4 Station Instruments, Voltage and Frequency Restrictions and Station Equipment

A. Station Instruments -- Utilities shall install the instruments necessary to obtain a record of the load on their systems, showing at least the monthly peak and a monthly record of the output of their plants. Utilities purchasing electrical energy shall install the instruments necessary to furnish information regarding monthly purchases of electrical energy, unless those supplying the energy have already installed instruments from which that information can be obtained.

Utilities shall maintain records indicating the data obtained by station instruments.

B. Voltage and Frequency Restrictions --

Unless otherwise directed by the Commission, the requirements contained in the 2011 edition of the American National Standard for Electrical Power Systems and Equipment-Voltage Ratings (60 Hz), ANSI C84.1-2011, incorporated by this reference, shall be the minimum requirements relative to utility voltages.
Utilities shall own or have access to portable indicating voltmeters or other devices necessary to accurately measure, upon complaint or request, the quality of electric service delivered to its customer to verify compliance with the standard established in Subsection R746-310-4(B)(1). Utilities shall make periodic voltage surveys sufficient to indicate the character of the service furnished from each distribution center and to ensure compliance with the voltage requirements of these rules. Utilities having indicating voltmeters shall keep at least one instrument in continuous service.
Utilities supplying alternating current shall maintain their frequencies to within one percent above and below 60 cycles per second during normal operations. Variations in frequency in excess of these limits due to emergencies are not violations of these rules.

C. Station Equipment --

Utilities shall inspect their poles, towers and other similar structures with reasonable frequency in order to determine the need for replacement, reinforcement or repair.

D. General Requirements -- Unless otherwise ordered by the Commission, the requirements contained in the National Electrical Safety Code, as defined at R746-310-1(B)(13), constitute the minimum requirements relative to the following:

the installation and maintenance of electrical supply stations;
the installation and maintenance of overhead and underground electrical supply and communication lines;
the installation and maintenance of electric utilization equipment;
rules to be observed in the operation of electrical equipment and lines;
the grounding of electrical circuits.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

Utah Admin. Code R746-310-5 Design, Construction and Operation of Plant

Facilities owned or operated by utilities and used in furnishing electricity shall be designed, constructed, maintained and operated so as to render adequate and continuous service. Utilities shall, at all times, use every reasonable effort to protect the public from danger and shall exercise due care to reduce the hazards to which employees, customers and others may be subjected from the utility's equipment and facilities.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

Utah Admin. Code R746-310-6 Line Extensions

A. Utilities shall provide line extensions in accordance with the terms of their tariff on file with, and approved by the Commission.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

Utah Admin. Code R746-310-7 Accounting

A. Uniform System of Accounts -- The Commission adopts the FERC rules found at 18 CFR Part 101, which is incorporated by reference, as the uniform system of accounts for electric utilities subject to Commission jurisdiction. Utilities shall employ and adhere to that system.

B. Uniform List of Retirement Units of Property --

The Commission adopts the FERC rules found at 18 CFR Part 116, incorporated by reference, as the schedule to be used in conjunction with the uniform system of accounts in accounting for additions to and retirements of electric plant. Utilities subject to Commission jurisdiction shall employ and adhere to this schedule.
Utilities shall obtain Commission approval prior to making a change in depreciation rates, methods or lives for either new or existing property.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

Utah Admin. Code R746-310-8 Billing Adjustments

A. Definitions --

A "backbill" is that portion of a bill, other than a levelized bill, which represents charges not previously billed for service that was actually delivered to the customer during a period before the current billing cycle.
A "catch-up bill" is a bill based upon an actual reading rendered after one or more bills based on estimated or customer readings. A catch-up bill which exceeds by 50 percent or more the bill that would have been rendered under a utility's standard estimation program is presumed to be a backbill.

B. Notice -- The account holder may be notified by mail, by phone, or by a personal visit, of the reason for the backbill. This notification shall be followed by, or include, a written explanation of the reason for the backbill that shall be received by the customer before the due date and be sufficiently detailed to apprise the customer of the circumstances, error or condition that caused the underbilling, and, if the backbill covers more than a 24-month period, a statement setting forth the reasons the utility did not limit the backbill under Subsection R746-310-8(D), Limitations of the Period for Backbilling.

C. Limitations on Rendering a Backbill -- If a utility is going to render a backbill it must do so within three months from the time the utility becomes aware of the circumstance, error, or condition that caused the underbilling. This limitation does not apply to fraud and theft of service situations.

D. Limitations of the Period for Backbilling --

A utility shall not bill a customer for service rendered more than 24 months before the utility actually became aware of the circumstance, error, or condition that caused the underbilling or that the original billing was incorrect.
In case of customer fraud, the utility shall estimate a bill for the period over which the fraud was perpetrated. The time limitation of Subsection R746-310-8(D)(1) does not apply to customer fraud situations.
In the case of a backbill for Utah sales taxes not previously billed, the period covered by the backbill shall not exceed the period for which the utility is assessed a sales tax deficiency.

E. Payment Period -- A utility shall permit the customer to make arrangements to pay a backbill without interest over a time period at least equal in length to the time period over which the backbill was assessed. If the utility has demonstrated that the customer knew or reasonably should have known that the original billing was incorrect or in the case of fraud or theft, in which case, interest will be assessed at the rate applied to past due accounts on amounts not timely paid in accordance with the established arrangements.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

Utah Admin. Code R746-310-9 Overbilling

A. Standards and Criteria for Overbilling-- Billing under the following conditions constitutes overbilling:

a meter registering more than two percent fast, or a defective meter;
use of an incorrect watt-hour constant;
incorrect service classification, if the information supplied by the customer was not erroneous or deficient;
billing based on a switched meter condition where the customer is billed on the incorrect meter;
meter turnover, or billing for a complete revolution of a meter which did not occur;
a delay in refunding payment to a customer pursuant to rules providing for refunds for line extensions;
incorrect meter reading or recording by the utility; and
incorrect estimated demand billings by the utility.

B. Interest Rate--

A utility shall provide interest on customer payments for overbilling. The interest rate shall be the greater of the interest rate paid by a utility on customer deposits, or the interest rate charged by a utility for late payments.
Interest shall be paid from the date when the customer overpayment is made, until the date when the overpayment is refunded. Interest shall be compounded during the overpayment period.

C. Limitations--

A utility shall not be required to pay interest on overpayments if offsetting billing adjustments are made during the next full billing cycle subsequent to the receipt of the overpayment.
The utility shall be required to offer refunds, in lieu of credit, only when the amount of the overpayment exceeds $50 or the sum of two average month's bills. However, the utility shall not be required to offer a refund to a customer having a balance owing to the utility, unless the refund would result in a credit balance in favor of the customer.
If a customer is given a credit for an overpayment, interest will accrue only up to the time at which the first credit is made, in cases where credits are applied over two or more bills.
A utility shall not be required to make a refund of, or give a credit for, overpayments which occurred more than 24 months before the customer submitted a complaint to the utility or the Commission, or the utility actually became aware of an incorrect billing which resulted in an overpayment.
When a utility can demonstrate before the Commission that a customer knew or reasonably should have known an overpayment to be incorrect, a utility shall not be required to pay interest on the overpayment.
Utilities shall not be required to pay interest on overpayment credits or refunds which were made before the effective date of the rule.
Disputes regarding the level or terms of the refund or credit are subject to the informal and formal review procedures of the Utah Public Service Commission.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

Utah Admin. Code R746-310-10 Preservation of Records

The Commission adopts the standards to govern the preservation of records of electric utilities subject to the jurisdiction of the Commission at 18 CFR 125, which is incorporated by reference.

History

KEY: public utilities, utility regulation, electric safety codes, electric utility industries
Date of Last Change: May 22, 2019
Notice of Continuation: July 15, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-3-7; 54-4-1; 54-4-8; 54-4-14; 54-4-23

R746-312 Electrical Interconnection

Utah Admin. Code R746-312-1 Authority

This rule establishes procedures and standards for electrical interconnection of generating facilities to a public utility as provided for in Sections 54-3-2, 54-4-7, 54-4-14, 54-12-2, and 54-15-106.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-2 Definitions

(1) "Adverse system impact" means the negative effects due to technical or operational limits on conductors or equipment being exceeded that may compromise the safety and reliability of the electric distribution system.

(2) "Affected system" means an electric system other than a public utility's electric distribution system that may be affected by the proposed interconnection.

(3) "Building code official" means the city or local official whose responsibility includes inspecting facilities for compliance with the city or local jurisdiction electrical code requirements.

(4) "Business day" means Monday through Friday, excluding Federal holidays.

(5) "Confidential information" means any confidential or proprietary information provided by one party to the other party that is clearly marked or otherwise designated "Confidential." For this rule, the design, operating specification, and metering data provided by the interconnection customer shall be considered confidential information regardless of whether it is clearly marked or otherwise designated as confidential information. Confidential information does not include information previously in the public domain, required to be publicly submitted or divulged by governmental authorities, or necessary to be divulged in an action to enforce these procedures.

(6) "Electric distribution system" means that portion of an electric system that delivers electricity from transformation points on the transmission system to the point or points of connection at a customer's premises.

(7) "Equipment package" means, for certification purposes, a group of components connecting a generating facility's device for the production of electricity, in other words, a generator, with an electric distribution system, and includes any interface equipment including switchgear, inverters, or other interface devices. An equipment package may include an integrated generator or electric production source. An equipment package does not include equipment provided by the utility.

(8) "Fault current" means electrical current that flows through a circuit and is produced by an electrical fault, for example, to ground, double-phase to ground, three-phase to ground, phase-to-phase, and three-phase. A fault current is several times larger in magnitude than the current that normally flows through a circuit.

(9) "Facilities study" means a study conducted to determine the additional or upgraded distribution system facilities necessary to interconnect a generating facility with a public utility, the cost of those facilities, and the time schedule required to interconnect the generating facility to the public utility's distribution system.

(10) "Feasibility study" means a preliminary evaluation of the system impact and the cost of interconnecting a generating facility to the public utility's electric distribution system.

(11) "Generating facility" means the interconnection customer's device for the production of electricity and each associated component up to the point of common coupling identified in the interconnection request but may not include the interconnection customer's interconnection facilities.

(12) "Generation capacity" means the nameplate capacity of the power generating device of a generating facility. Generation capacity does not include the effects caused by inefficiencies of power conversion or plant parasitic loads.

(13) "Good utility practice" means any of the practices, methods, and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods, and acts that, in the exercise of reasonable judgment in light of the facts known when the decision was made, could have been expected to accomplish the desired result of the lowest reasonable cost consistent with good business practices, reliability, safety, and expedition. Good utility practice is not intended to be limited to the optimum practice, method, or act to the exclusion of any others, but rather to be acceptable practices, methods, or acts generally accepted in the region and consistently adhered to by the public utility.

(14) "Governing authority" means:

(a) for a distribution electrical cooperative, its board of directors; and

(b) for each other electrical corporation, the Public Service Commission, otherwise referred to as the commission.

(15) "IEEE standards" means the Institute of Electrical and Electronics Engineers (IEEE) Interconnecting Distributed Resources with Electric Power Systems -- IEEE 1547 Series referenced in Section 54-15-102.

(16) "Interconnection agreement" means a standard form agreement between an interconnection customer and a public utility that governs the connection of a generating facility to the electric distribution system and the ongoing operation of the generating facility after it is connected to the system.

(17) "Interconnection customer" means any entity including a public utility that proposes to interconnect its generating facility with the public utility's distribution system.

(18) "Interconnection facilities" means the facilities and equipment required by a public utility to accommodate the interconnection of a generating facility to the public utility's electric distribution system and used exclusively for that interconnection. Interconnection Facilities do not include upgrades.

(19) "Interconnection request" means the interconnection customer's request to interconnect a new generating facility, or to increase the capacity of, or make a material modification to the operating characteristics of an existing generating facility that is interconnected with the public utility. The interconnection request includes the required applications, forms, processing fees, and deposits required by the public utility.

(20) "Inverter" has the same meaning as in Section 54-15-102.

(21) "Level 1 interconnection review" means an interconnection review process applicable to an inverter-based facility having a generation capacity of 25 kilowatts or less.

(22) "Level 2 interconnection review" means an interconnection review process applicable to a facility having a generation capacity of 2 megawatts or less and that does not qualify for or fails to meet Level 1 interconnection review requirements.

(23) "Level 3 interconnection review" means an interconnection review process applicable to a facility having a generation capacity of greater than 2 megawatts but no larger than 20 megawatts, the generating facility is not certified, or the generating facility does not qualify for or fails to meet Level 1 or Level 2 interconnection review requirements.

(24) "Net metering facility" means a facility eligible for net metering, or an eligible facility as defined in Section 54- 15-102.

(25) "Party or parties" means the public utility, the interconnection customer, or both.

(26) "Point of common coupling" means the point at which the interconnection between the public utility's system and the interconnection customer's equipment interface occurs. Typically, this is the customer side of the public utility's meter.

(27) "Public utility" has the meaning set forth in Section 54-2-1 and is limited to a public utility that provides electric service.

(28) "Queue position" means the order of a valid interconnection request relative to any other pending valid interconnection requests that is established based upon the date and time of receipt of a completed interconnection request, including application fees, by the public utility.

(29) "Spot network" means a type of electric distribution system that uses two or more inter-tied transformers protected by network protectors to supply an electrical network circuit. A spot network is generally used to supply power to a single customer or a small group of customers.

(30) "Standard form" or "standard form agreement" means a form or agreement that follows that adopted or approved by the Federal Energy Regulatory Commission in its small generator interconnection proceedings and modified to be consistent with this rule unless the governing authority has approved an alternative form or agreement.

(31) "Switchgear" has the same meaning as in Section 54-15-102.

(32) "System impact study" means an engineering analysis of the probable impact of a generating facility on the safety and reliability of the public utility's electric distribution system.

(33) "Telemetry" means the remote communication from a generator facility to a point on the public utility's communication network where the data may be assimilated into the public utility's grid operations if desired.

(34) "UL1741" means the UL Standard for Inverters, Converters, Controllers and Interconnection System Equipment for Use With Distributed Energy Resources as referenced in Section 54-15-102.

(35) "Upgrades" means the required additions and modifications to a public utility's distribution system beyond the point of interconnection. Upgrades do not include interconnection facilities.

(36) "Written notice" means a required notice sent by the utility via electronic mail if the interconnection customer has provided an electronic mail address. If the interconnection customer has not provided an electronic mail address, or has requested in writing to be notified by United States mail, or if the utility elects to provide notice by United States mail, then written notices from the utility shall be sent via First Class United States mail. The utility shall be considered to have fulfilled its duty to respond under this rule on the day it sends the interconnection customer notice via electronic mail or deposits the notice in First Class mail. The interconnection customer shall be responsible for informing the utility of any changes to its notification address.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-3 Purpose, Scope, Applicability, and Exceptions

(1) This rule establishes procedures for electrical interconnection of a generating facility to a public utility's distribution system with the following exception: References to fees and charges in Rule R746-312 do not apply to public utilities for which the commission does not have ratemaking authority as identified in Subsection 54-7-12(7). Rates and charges will be determined by the public utility's governing authority in accordance with applicable law.

(2) For good cause shown, the commission may waive or change any provision of this electrical interconnection rule.

(3) A public utility and interconnection customer may mutually agree to reasonable extensions to the required times for notices and submissions of information set forth in this rule to allow efficient and complete review of an interconnection request. If a public utility unilaterally seeks waiver of the timelines set forth in this rule, the commission may consider the number of pending applications for interconnection review and the type of applications, including review level and facility size.

(4) A public utility shall provide to the interconnection customer information regarding options for complaint or dispute resolution during the interconnection request review process before or along with the results of the initial interconnection review.

(5) Complaints or disputes will be addressed as follows:

(a) residential interconnections will be addressed according to Sections R746-200-4, R746-200-8, and R746-200-9.

(b) non-residential interconnections will be addressed according to the following procedure:

(i) If there is a complaint or dispute, either party shall provide the other party with a written Notice of Dispute. This notice shall describe in detail the nature of the dispute.

(ii) If the dispute has not been resolved within seven business days after receipt of the notice, the dispute shall be served upon the other party and filed with the commission. A copy shall also be served upon the Division of Public Utilities.

(iii) An answer or other responsive pleading to the complaint shall be filed with the commission not more than ten business days after receipt of service of the complaint or dispute. Copies of the answer or responsive pleading shall be served on the complainant and the Division of Public Utilities.

(iv) A prehearing conference shall be held less than 15 business days after the complaint is filed.

(v) The commission shall hold a hearing on the complaint less than 25 business days after the complaint is filed, unless the commission finds that extraordinary conditions exist that warrant postponing the hearing date, in which case the commission shall hold the hearing as soon as practicable. Parties shall be entitled to present evidence as provided by the commission's rules.

(vi) The commission shall take final action on a complaint less than 30 business days after the complaint is filed unless:

(A) the commission finds that extraordinary conditions exist that warrant extending final action, in which case the commission shall take final action as soon as practicable; or

(B) the parties agree to an extension of final action by the commission.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-4 Installation, Operation, Maintenance, Testing, and Modification of Generating and Interconnection Facilities

(1) Except for generating facilities in operation or approved for operation before the effective date of this rule, an interconnection customer of a public utility must install, operate, and maintain its generating and interconnection facilities in compliance with the IEEE standards, as applicable, and the requirements of the interconnection agreement or other agreements executed between the parties during the interconnection review and approval process. Generating facilities in operation or approved for operation before the effective date of this rule must be operated and maintained in accordance with the requirements of each agreement in place before the effective date of this rule.

(2)(a) Disconnect Switch. Except for the exemptions listed in Subsection R746-312-4(2)(b), an interconnection customer of a public utility must install and maintain a manual disconnect switch that will disconnect the generating facility from the public utility's distribution system. The disconnect switch must be a lockable, load-break switch that plainly shows whether it is in the open or closed position. The disconnect switch must be readily accessible to the public utility at any time and located within ten feet of the public utility's meter.

(b) Exemptions:

(i) For customer generating systems of ten kilowatts or less that are inverter-based, a public utility may not require a disconnect switch.

(ii) The disconnect switch may be located more than ten feet from the public utility's meter if permanent instructions are posted in letters of appropriate size at the meter indicating the precise location of the disconnect switch. In this case the public utility must approve in writing the location of the disconnect switch before the installation of the generating facility. For those instances when the interconnection customer and the public utility cannot agree to the implementation of Section R746- 312-4, the public utility or interconnection customer may refer the matter to the commission according to the designated dispute resolution process.

(iii) Nothing in this exemption precludes an interconnection customer or a public utility from voluntarily installing a manual disconnect switch.

(3) If no disconnect switch is installed, the interconnection customer's electric service may be disconnected by the public utility entirely if the generating facility must be physically disconnected from the public utility's distribution system as specified in Subsection R746-312-4(5).

(4) For those public utilities whose governing authority, pursuant to Section 54-15-106, after appropriate notice and opportunity for public comment, elects to adopt by rule additional reasonable interconnection safety, power quality, and interconnection requirements for net metering generating facilities, and who determines that a disconnect switch for net metering generating facilities less than ten kilowatts is necessary, those public utilities must:

(a) address the usage of the disconnect switch in the public utility's operations training requirements and standard operating procedures, including, among other things, how the disconnect switches will be managed, including tracking of switches, the procedures under which the disconnect switch must be used during normal operations, construction projects, trouble situations, and during restoration of service activities, and training on operation and usage of the disconnect switch;

(b) file a copy of the disconnect switch procedures, and any updates, along with the governing authority's documentation of appropriate notice and opportunity for public comment with the commission; and

(c) document in writing each time the public utility has used each specific disconnect switch and the reason for its usage and make this information available to the commission upon request.

(5) The public utility may operate the manual disconnect switch or disconnect the customer generating facility pursuant to the conditions set forth in Subsections R746-312-4(5)(a) through R746-312-4(5)(c), thereby isolating the customer generating system, without earlier notice to the customer. To the extent practicable, however, former notice shall be given. If former notice is not given, the utility shall, when disconnecting the customer generating system, leave a door hanger or other notice notifying the customer that their customer generating system has been disconnected, including an explanation of the condition requiring the action. The public utility shall reconnect the customer generating system as soon as reasonably practicable after the condition requiring disconnection is remedied. Any of the following conditions shall be cause for the public utility to manually disconnect a generating facility from its system:

(a) Emergencies or maintenance requirements on the public utility's distribution system;

(b) Hazardous conditions existing on the public utility's distribution system that may affect safety of the general public or public utility employees due to the operation of the customer generating facility or protective equipment as determined by the public utility; or

(c) Adverse electrical effects, like high or low voltage, unacceptable harmonic levels, or RFI interference on the electrical equipment of the public utility's other electric consumers caused by the customer generating facility as determined by the public utility.

(6) After becoming interconnected to a public utility, the interconnection customer must notify the public utility of each proposed modification to the generating facility or equipment package that will increase the generation capacity of a customer generation facility.

(a) Notification must be provided in the form of a new application submitted in accordance with the level of review required by this rule; and

(b) The application must specify the proposed modification.

(7) Aggregating Multiple Generators: If the interconnection request is for a generating facility that includes multiple generating facilities, at a site for which the interconnection customer seeks a single point of interconnection, the interconnection request must be evaluated for interconnection on the basis of the aggregate electric nameplate capacity of the generating facilities.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-5 Certifications

(1) To qualify for the Level 1 and the Level 2 interconnection review procedures set forth in Sections R746-312-8 and R746-312-9, a generating facility must be certified as complying with the following standards, as applicable:

(a) IEEE standards; and

(b) UL1741.

(2) An equipment package will be considered certified for interconnected operation if it has been submitted by a manufacturer to a nationally recognized testing and certification laboratory and has been tested and listed by the laboratory for continuous interactive operation with an electric distribution system in compliance with relevant codes and standards.

(3) If the equipment package has been tested and listed in accordance with Section R746-312-5 as an integrated package that includes a generator or other electric source, the equipment package will be considered certified, and the public utility may not require further design review, testing, or additional equipment.

(4) If the equipment package includes only the interface components, like switchgear, inverters, or other interface devices, an interconnection customer must show that the generator or other electric source being used with the equipment package is compatible with the equipment package and consistent with the testing and listing specified for the package. If the generator or electric source being used with the equipment package is consistent with the testing and listing performed by the nationally recognized testing and certification laboratory, the equipment package will be considered certified, and the public utility may not require further design review, testing, or additional equipment.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-6 General Interconnection Request Provisions

(1) Each public utility must designate an employee, office, or department from which a customer may get basic interconnection request standard forms, standard form agreements, and information through an informal process. Upon request, this employee, office, or department must provide each relevant form, document, and technical requirement for submittal of a complete application for interconnection review. Upon request, the public utility must meet with a customer who qualifies for Level 2 or Level 3 interconnection review, to assist them in preparation of the application. The standard forms and standard form agreements must be posted on the public utility's website.

(2) The interconnection customer must submit each interconnection request, and the associated forms and agreements, on the public utility's standard forms and standard form agreements.

(3) The interconnection request may require the following types of information:

(a) the name of the applicant and basic customer information;

(b) the type, size, and specifications of the generating facility;

(d) the generating facility installer: for example, for contractor installations, the name of the appropriately licensed contractor, or for self-installations, the name of the homeowner or business;

(e) equipment certifications, system certifications, or both;

(f) the anticipated date the generating facility will be operational;

(g) evidence of site control; or

(h) other information that the utility considers necessary to conduct an evaluation as to whether a generating facility may be safely and reliably connected to the public utility in compliance with this interconnection rule.

(4) Each interconnection request submitted to a public utility must be accompanied by the required processing fee.

(5) An interconnection customer shall keep its original queue position for an interconnection request if the applicant resubmits its application at a higher level of review within 30 business days of a utility's denial of the application at a lower level of review.

(6) A public utility may not be responsible for the cost of determining the rating of equipment owned or proposed by an interconnection customer or of equipment owned by other local customers.

(7) Any modification to machine data or equipment configuration or to the interconnection site of the generating facility not agreed to in writing by the public utility and the interconnection customer may be considered a withdrawal of the interconnection request and may require submission of a new interconnection request unless proper notification to each party by the other and a reasonable time to cure the problems created by the changes are undertaken.

(8) Each party receiving confidential information shall hold the information in confidence and may not disclose it to any third party or to the public without earlier written authorization from the party providing that information, except to fulfill obligations under this rule, or to fulfill legal or regulatory requirements. Each party shall use at least the same standard of care to protect confidential information received from the other party as it uses to protect its own confidential information.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-7 Level 1 and Level 2 Interconnection Review Screens

(1) The public utility shall perform its review of Level 1 and Level 2 interconnection requests using the screens set forth in Subsection R746-312-7(9) as applicable.

(2) A generating facility's point of common coupling must be on a portion of the public utility's distribution system that is under the interconnection jurisdiction of the commission and must not be on a transmission line.

(3) For interconnection of a proposed generating facility to a radial distribution circuit, the aggregate generation on the distribution circuit, including the proposed generating facility, must not exceed 15% of the distribution circuit's total highest annual peak load, as measured at the substation. For Subsection R746-312-7(3), annual peak load will be based on measurements taken over the 60 months before the submittal of the application, measured for the circuit at the nearest applicable substation.

(4) The proposed generating facility, in aggregation with other generation on the distribution circuit to which the proposed generating facility will interconnect, must not contribute more than 10% to the distribution circuit's maximum fault current at the point on the high voltage, or primary, level nearest the proposed point of common coupling.

(5) If the proposed generating facility is to be connected to a single-phase shared secondary, the aggregate generation capacity connected to the shared secondary, including the proposed generating facility, must not exceed 20 kilowatts.

(6) If a proposed single-phase generating facility is to be connected to a transformer center tap neutral of a 240-volt service, the addition of the proposed generating facility must not create a current imbalance between the two sides of the 240-volt service of more than 20% of nameplate rating of the service transformer.

(7) No construction of facilities by the public utility on its own system shall be required to accommodate the generating facility.

(8) The aggregate generation capacity on the distribution circuit to which the proposed generating facility will interconnect, including the capacity of the proposed generating facility, must not cause any distribution protective equipment, including substation breakers, fuse cutouts, and line reclosers, or customer equipment on the electric distribution system, to exceed 90% of the short circuit interrupting capability of the equipment. In addition, a proposed generating facility must not be connected to a circuit that already exceeds 90% of the circuit's short circuit interrupting capability, before interconnection of the facility.

(9) Interconnection Type Screen:

(a) For a proposed generating facility connecting to a three-phase, three wire primary public utility distribution line, a three-phase or single-phase generator must be connected phase-to-phase.

(b) For a proposed generating facility connecting to a three-phase, four wire primary public utility distribution line, a three-phase or single-phase generator must be connected line-to-neutral and must be effectively grounded.

(10) If there are known or posted transient stability limitations to generating units located in the general electrical vicinity of the proposed point of common coupling, including within three or four transmission voltage level busses, the aggregate generation capacity, including the proposed generating facility, connected to the distribution low voltage side of the substation transformer feeding the distribution circuit containing the point of common coupling may not exceed ten megawatts.

(11) If a proposed generating facility's point of common coupling is on a spot network, the proposed generating facility must use an inverter-based equipment package and, together with the aggregated other inverter-based generation, must not exceed the smaller of 5% of a spot network's maximum load or 50 kilowatts.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-8 Level 1 Interconnection Review

(1) A generating facility that meets the following criteria is eligible for Level 1 interconnection review:

(a) the generating facility is inverter-based; and

(b) the generating facility has a capacity of 25 kilowatts or less.

(2) A public utility shall process, evaluate, and approve, if appropriate, each Level 1 interconnection request according to Subsection R746-312-8(2) unless a public utility has implemented a process ensuring notification of approval or denial of a completed Level 1 interconnection request within 15 business days of receipt of the interconnection request, or the public utility finishes final approval of a Level 1 interconnection request within 15 business days of receipt of an interconnection request, or the public utility has received approval from the commission for an alternative Level 1 interconnection review method:

(a) The public utility shall date and time stamp each interconnection request on the day it was received by the public utility.

(b) Within three business days after receipt, the public utility shall acknowledge to the interconnection customer receipt of the interconnection request.

(c) Within ten business days after receipt, the public utility shall evaluate the interconnection request and notify the interconnection customer whether the interconnection request is complete.

(i) If the interconnection request is not complete, the public utility must provide a list detailing the information that must be provided to finish the application.

(ii) Within ten business days of receipt of this notification, the interconnection customer must submit the missing information to the public utility or request an extension of time to provide the information. If the interconnection customer does not provide the listed information or request an extension of time within the ten-business day deadline, the interconnection request shall be considered withdrawn.

(iii) An interconnection request shall be considered complete upon submission of the listed information.

(d) Within 15 business days after issuing a notification of completeness, the public utility shall verify, using screens set forth in Section R746-312-7, whether the proposed generating facility may be interconnected safely and reliably, and shall notify the interconnection customer that either:

(i) the generating facility meets all applicable criteria and the interconnection request is approved; or

(ii) the generation facility has failed to meet one or more of the applicable criteria, the reason for the failure, and the interconnection request is denied under the Level 1 interconnection process. If the interconnection request is denied, the interconnection customer may resubmit the application under the Level 2 or Level 3 interconnection review procedure, as appropriate.

(e) Either along with or within five business days after notifying the interconnection customer that the interconnection request has been approved, a public utility must provide the procedures, requirements, and associated forms, including any required standard form interconnection agreement, for final authorization of the interconnection, as determined applicable by the public utility. These procedures and requirements may include:

(i) completion of any required inspection of the generating facility by the building code official with jurisdiction over the generating facility and transmittal to the public utility of appropriate documentation;

(ii) transmittal to the public utility of any required notice of completion, notice of start-up, or interconnection agreement;

(iii) installation of any required meter modification by the public utility;

(iv) completion of any required inspection of the generation facility before operation by the public utility; or

(v) the requirement that the applicant may not begin parallel operations of the generating facility until receipt of a final approval or authorization of interconnection.

(f) The customer and the public utility may mutually agree to terms that vary from the standard form interconnection agreement, but this non-standard agreement shall be subject to commission approval.

(g) If a public utility does not notify a Level 1 interconnection customer in writing or by electronic mail whether the interconnection request is approved or denied within 25 business days after the receipt of an application, the interconnection request shall be considered approved.

(3) An interconnection customer must notify the public utility of the anticipated start date for operation of the generating facility at least ten business days before starting operation, either through the submittal of the interconnection agreement, a notice of completion, or in a separate notice.

(4) Within ten business days of receipt of the required documentation, for example, the executed interconnection agreement, notice of completion, or documentation of satisfactory completion of inspections by non-company personnel, the public utility must, if it has not already done so, conduct any company-required inspection or witness test, set the new meter, if required, approve the interconnection, and provide written notification to the interconnection customer of the final interconnection authorization or approval indicating the generating facility is authorized or approved for parallel operation. If the public utility does not conduct the witness test within ten business days or by mutual agreement with the interconnection customer, the witness test is considered waived.

(5) Witness Test Not Acceptable. If the witness test is conducted and is not acceptable to the public utility, the interconnection customer must be granted a period of 30 business days to resolve any deficiencies. The public utility and interconnection customer may mutually agree to extend the time period for resolving any deficiencies. If the interconnection customer fails to address and resolve the deficiencies to the satisfaction of the public utility within the agreed-upon time period, the interconnection request is considered withdrawn.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-9 Level 2 Interconnection Review

(1) A generating facility that meets the following criteria is eligible for Level 2 interconnection review by a public utility:

(a) the generating facility has a capacity of two megawatts or less; and

(b) the generating facility does not qualify for or fails to meet applicable Level 1 interconnection review procedures.

(2) A public utility must process, evaluate, and approve, if so determined, each Level 2 request for interconnection according to the following steps unless a public utility has implemented a process ensuring notification of approval or denial of a completed Level 2 interconnection request within 15 business days of receipt of the interconnection request, the public utility finishes final approval of a Level 2 interconnection request within 15 business days of receipt of an interconnection request, or the public utility has received approval from the commission for an alternative Level 2 interconnection review method:

(a) The public utility shall date and time stamp each interconnection request on the day it was received by the public utility.

(b) Within three business days after receipt of an interconnection request, the public utility shall acknowledge to the interconnection customer receipt of the interconnection request.

(c) Within ten business days after receipt of an interconnection request, the public utility shall evaluate the interconnection request and notify the interconnection customer whether the interconnection request is complete.

(i) If the interconnection request is not complete, the public utility must provide a list detailing the information that must be provided to finish the application.

(iii) An interconnection request shall be considered complete upon submission of the listed information.

(d) Within 15 business days after issuing a notification of completeness, the public utility shall verify, using the screens set forth in Section R746-312-7, whether the proposed generating facility may be interconnected safely and reliably, and shall notify the interconnection customer that either:

(i) the generation facility meets the applicable criteria and the interconnection request is approved;

(ii) although the generating facility fails one or more of the screens, the public utility has determined that the generating facility may nevertheless be interconnected consistent with safety, reliability, and power quality standards and the interconnection request is approved; or

(iii) the generation facility has failed to meet one or more of the screens and the reason for the failure, the public utility has not or could not determine from the initial reviews that the generating facility may be interconnected consistent with safety, reliability, and power quality standards, or the generating facility may not be approved without minor modifications at minimal cost and the interconnection request is denied unless the interconnection customer is willing to consider minor modifications or further study.

(e) If the interconnection request is denied, the public utility:

(i) must offer to provide the interconnection customer with the opportunity to attend an optional customer options meeting to be convened within ten business days of the notification of denial to discuss the options available under Subsection R746-312-9(2)(e)(ii).

(A) During the customer options meeting, the public utility shall review possible interconnection customer facility modification or screen analysis and related results to determine what further steps are needed to permit the generating facility to be connected safely and reliably.

(ii) shall either, when notifying the interconnection customer pursuant to Subsection R746-312-9(2)(d)(iii), or at the customer options meeting:

(A) offer to finish minor modifications to the public utility's distribution system and provide a non-binding, good faith estimate of the cost and timeframe to make the modifications. If the interconnection customer agrees to the modifications, the interconnection customer shall agree in writing within 15 business days of the offer and submit payment for the estimated costs. The interconnection customer must pay any cost that exceeds the estimated costs within 30 calendar days of receipt of the invoice. If the costs to finish the modifications are less than the estimated costs, the public utility shall return the excess within 30 calendar days of the issuance of the invoice without interest;

(B) offer to perform a supplemental review in accordance with Subsection R746-312-9(3) if the public utility concludes that the supplemental review might determine that the generating facility could continue to qualify for interconnection pursuant to the Level 2 process, and provide a non-binding, good faith estimate of the costs of the review; or

(C) get the interconnection customer's agreement to continue evaluating the interconnection request under the Level 3 process.

(f) Either along with or within five business days after notifying the interconnection customer that the interconnection request has been approved, a public utility shall provide the procedures, requirements, and associated forms, including any required standard form interconnection agreement, for final authorization of the interconnection, as determined applicable by the public utility. These procedures and requirements may include:

(i) an inspection of the generating facility by the building code official with jurisdiction over the generating facility and transmittal to the public utility of appropriate documentation;

(ii) transmittal to the public utility of any required notice of completion, notice of start-up, or interconnection agreement;

(iii) installation of any required meter modification by the public utility;

(iv) completion of any required inspection of the generation facility before operation by the public utility; or

(v) the requirement that the applicant may not begin parallel operations of the generating facility until receipt of a final approval or authorization of interconnection.

(g) The customer and the public utility may mutually agree to terms that vary from the standard form interconnection agreement, but this non-standard agreement shall be subject to commission approval.

(3) Supplemental Review:

(a) If the interconnection customer agrees to a supplemental review, the interconnection customer shall agree in writing within 15 business days of the offer and submit a deposit of the estimated costs. The interconnection customer must pay any supplemental review costs that exceed the deposit within 30 calendar days of receipt of the invoice but this payment responsibility shall be limited to and not exceed 125% of the public utility's non-binding, good faith estimate for the review. If the deposit exceeds the invoiced costs, the public utility shall return the excess within 30 calendar days of the invoice without interest.

(b) Within ten business days following receipt of the deposit for supplemental review, the public utility must determine whether the generating facility may or may not be interconnected safely and reliably and shall notify the interconnection customer that either:

(i) the generation facility may be safely and reliably interconnected, and the interconnection request is approved and the public utility shall proceed according to Subsection R746-312-9(2)(f);

(ii) interconnection customer facility modifications are required to allow the generating facility to be interconnected consistent with safety, reliability, and power quality standards. Upon receipt of written confirmation that the interconnection customer agrees to make the necessary changes at the interconnection customer's expense, the public utility shall approve the interconnection request and proceed according to Subsection R746-312-9(2)(f);

(iii) minor modification to the public utility's distribution system is required to allow the generating facility to be interconnected consistent with safety, reliability, and power quality standards. After confirmation that the interconnection customer agrees to pay the costs of the system modifications before interconnection, the public utility shall approve the interconnection request and proceed according to Subsection R746-312-9(2)(f);

(iv) the results of the supplemental review have not concluded that the generating facility may be interconnected consistent with safety, reliability, and power quality standards and, upon agreement by the interconnection customer, the interconnection request will continue to be evaluated under the Level 3 interconnection review process.

(4) An interconnection customer must notify the public utility of the anticipated testing and inspection date for the generating facility at least ten business days before testing, either through the submittal of the interconnection agreement, a notice of completion, or in a separate notice.

(5) Within ten business days of receipt of the required documentation, for example, an executed interconnection agreement, notice of completion, or documentation of satisfactory completion of inspections by non-company personnel, the public utility must, if it has not already done so, conduct any company-required inspection, set the new meter, if required, approve the interconnection, and provide written notification to the interconnection customer of the final interconnection authorization or approval and that the generating facility is authorized or approved for parallel operation. If the public utility does not conduct the witness test within ten business days or by mutual agreement of the public utility and the interconnection customer, the witness test is considered waived.

(6) If an application for Level 2 interconnection review is denied because it does not meet one or more of the requirements in Section R746-312-9, the applicant may resubmit the application under the Level 3 interconnection review procedure.

(7) Witness Test Not Acceptable. If the witness test is conducted and is not acceptable to the public utility, the interconnection customer must be granted a period of 45 business days to resolve any deficiencies. The public utility and the interconnection customer may mutually agree to extend the time period for resolving any deficiencies. If the interconnection customer fails to address and resolve the deficiencies to the satisfaction of the public utility within the agreed-upon time period, the interconnection request is considered withdrawn.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-10 Level 3 Interconnection Review

(1) A generating facility that meets the following criteria is eligible for Level 3 interconnection review:

(a) the generating facility has a capacity of greater than two megawatts but no larger than 20 megawatts;

(b) the generating facility is not certified; or

(c) the generating facility does not qualify for or failed to meet Level 1 or Level 2 interconnection review requirements.

(2) A public utility must process, evaluate, and approve, if appropriate, each Level 3 request for interconnection according to the following steps unless the public utility has received approval from the commission for an alternative Level 3 interconnection review method:

(a) The public utility shall date and time stamp each interconnection request on the day it was received by the public utility.

(b) Within three business days after receipt of an interconnection request, the public utility shall acknowledge to the interconnection customer receipt of the interconnection request.

(i) If the interconnection request is not complete, the public utility must provide a list detailing the information that must be provided to finish the application.

(iii) An interconnection request shall be considered complete upon submission of the listed information.

(d) Scoping Meeting. If requested, a scoping meeting shall be held as follows within ten business days after the interconnection request is considered complete, or as otherwise mutually agreed to by the parties:

(i) The public utility and the interconnection customer shall bring to the meeting personnel, including system engineers and other resources, as may be reasonably required to accomplish the purpose of the meeting;

(ii) The purpose of the scoping meeting is to:

(A) discuss the interconnection request and review existing studies relevant to the interconnection request; and

(B) discuss whether the public utility should perform a feasibility study or proceed directly to a system impact study, a facilities study, or an interconnection agreement;

(iii) Scoping meeting follow-up:

(A) If the parties agree that a feasibility study should be performed, the public utility shall provide the interconnection customer as soon as possible, but no later than five business days after the scoping meeting, a feasibility study agreement including an outline of the scope of the study and a non-binding, good faith estimate of the cost to perform the study.

(B) If the parties agree not to perform a feasibility study but rather proceed directly to the system impact study, the public utility shall, no later than five business days after the scoping meeting, provide the interconnection customer with a system impact study agreement including an outline of the scope of the study and a non-binding, good faith estimate of the cost to perform the study.

(iv) The scoping meeting may be omitted by mutual agreement. If the scoping meeting is omitted, the public utility, if requested by the interconnection customer, must provide information pertinent to the interconnection request, for example, the available fault current at the proposed interconnection location, the peak loading on the lines in the general vicinity of the generating facility, and the configuration of the distribution lines at the proposed point of common coupling, within ten business days after the interconnection request is considered complete.

(e) Feasibility Study. A feasibility study shall provide a preliminary evaluation of the system impact that would result from interconnecting the generating facility and the cost of interconnecting the generating facility to the public utility's electric distribution system and shall be finished as follows:

(i) For interconnection customers opting to forgo a scoping meeting and proceeding directly to the feasibility study, the public utility shall provide the interconnection customer, as soon as possible but no later than ten business days after receipt of a completed application, a standard form feasibility study agreement including an outline of the scope of the study and a non- binding, good faith estimate of the cost to perform the study.

(ii) To remain in consideration for interconnection, an interconnection customer who has requested or requires a feasibility study, either as part of or independent of a scoping meeting, must return the executed feasibility study agreement within 30 business days of receipt. A deposit of the lesser of 50% of the good faith estimate or earnest money of $1,000 may be required from the interconnection customer.

(iii) Within 30 business days of receipt of an executed study agreement and payment of any required deposit, the public utility shall conduct the feasibility study and notify the interconnection customer either:

(A) the feasibility study shows no potential for adverse system impacts, no facilities are required, and the interconnection request is approved, in which case the public utility shall send the interconnection customer an executable interconnection agreement within five business days;

(B) the feasibility study shows no potential for adverse system impacts; however, additional facilities may be required and the review process shall proceed to a facilities study. When proceeding to a facilities study, the public utility shall provide the interconnection customer a standard form facilities study agreement, including an outline of the scope of the study and a non- binding, good faith estimate of the cost to perform the study within five business days; or

(C) the feasibility study shows the potential for adverse system impacts, and the review process shall proceed to a system impact study. When proceeding to a system impact study, the public utility shall provide the interconnection customer with a standard form system impact study agreement including an outline of the scope of the study and a non-binding, good faith estimate of the cost to perform the study within 15 business days of transmittal of the feasibility study report.

(iv) Any feasibility study fees will be invoiced to the interconnection customer after the feasibility study is completed and delivered and will include a summary of professional time. The interconnection customer must pay any study costs that exceed the deposit without interest within 30 calendar days of receipt of the invoice or resolution of any dispute but this payment responsibility shall be limited to and not exceed 125% of the public utility's non-binding, good faith estimate for the study. If the deposit exceeds the invoiced fees, the public utility shall refund the excess within 30 calendar days of the invoice without interest.

(f) System Impact Study. Any required system impact study must be conducted in accordance with good utility practice and shall be finished as follows:

(i) The system impact study shall:

(A) provide details on the impacts to the electric distribution system that would result if the generating facility were interconnected without modifications to either the generating facility or to the electric distribution system;

(B) identify any modifications to the public utility's electric distribution system necessary to accommodate the proposed interconnection;

(D) include the following elements, as applicable:

(I) a load flow study;

(II) a short-circuit study;

(III) a circuit protection and coordination study;

(IV) the impact on the operation of the electric distribution system;

(V) a stability study, along with the conditions that would justify including this element in the impact study;

(VI) a voltage collapse study, along with the conditions that would justify including this element in the impact study; and

(VII) additional elements, if justified by the public utility and approved in writing by the public utility and the interconnection customer before the impact study.

(ii) To remain in consideration for interconnection, an interconnection customer who has requested a system impact study, either as part of or independent of a scoping meeting or feasibility study, must return the executed impact study agreement within 30 business days of receipt of the agreement. A deposit of the good faith estimated costs for each system impact study may be required from the interconnection customer.

(iii) After the applicant executes the system impact study agreement and pays any required deposit, the public utility shall finish the impact study and distribute the results to the interconnection customer within 30 business days, or 45 business days for transmission impact studies, notifying the interconnection customer either:

(A) Only minor modifications to the public utility's electric distribution or transmission system are necessary to accommodate interconnection. In this case, the public utility must:

(I) provide to the interconnection customer at the same time the detail of the scope of the necessary modifications, a non-binding, good faith estimate of their cost, and an executable interconnection agreement; and

(II) approve the interconnection request upon receipt of the executed interconnection agreement from the interconnection customer.

(B) Modifications to the public utility's electric distribution system or transmission system are necessary to accommodate the proposed interconnection in which case the public utility must provide at the same time either:

(I) a non-binding, good faith estimate of the cost of the modifications, if known; and

(II) a standard form facilities study agreement including an outline of the scope of the study and a non-binding, good faith estimate of the cost to perform the facilities study.

(iv) If the proposed interconnection may affect electric transmission or delivery systems other than those controlled by the public utility, operators of those other systems may need additional studies to determine the potential impact of the interconnection on those systems. If additional studies are required, the public utility must coordinate the studies but will not be responsible for their timing. The applicant shall be responsible for the costs of each additional study required by another affected system. These studies will be conducted only after the applicant has provided written authorization.

(v) Any study fees will be invoiced to the interconnection customer after the system impact study is completed and delivered and will include a summary of professional time. The interconnection customer must pay any study costs that exceed the deposit without interest within 30 calendar days of receipt of the invoice or resolution of any dispute but this payment responsibility shall be limited to and not exceed 125% of the public utility's non-binding, good faith estimate for the study. If the deposit exceeds the invoiced fees, the public utility shall refund the excess within 30 calendar days of the invoice without interest.

(g) Facilities Study. The results of the facilities study shall specify a non-binding, good faith cost estimate of the equipment, engineering, procurement, and construction work, including overheads, needed to implement the conclusion of the system impact study for the interconnection customer to safely interconnect the generating facility with the public utility's electric distribution system and the time required to build and install those facilities. The following provisions apply to the facilities study:

(i) A public utility may require a deposit of the good faith estimated costs for the facilities study.

(ii) To remain under consideration for interconnection, the interconnection customer must return the executed facilities study agreement and any required deposit, or request an extension of time, within 30 business days.

(iii) Design for any required interconnection facilities or upgrades shall be performed under the facilities study agreement. The public utility may contract with consultants to perform activities required under the facilities study agreement. The interconnection customer and the public utility may agree to allow the interconnection customer to separately arrange for the design of some of the interconnection facilities. In these cases, facilities design will be reviewed, modified, or both, before acceptance by the public utility under the facilities study agreement. If the parties agree to separately arrange for design and construction, and, provided security and confidentiality requirements may be met, the public utility shall make sufficient information available to the interconnection customer in accordance with confidentiality and critical infrastructure requirements to permit the interconnection customer to get an independent design and cost estimate for any necessary facilities.

(iv) If upgrades are required, the facilities study must be completed and the facilities study report transmitted to the interconnection customer within 45 business days of the public utilities receipt of the facilities study agreement from the interconnection customer. If no upgrades are necessary, and the required facilities are limited to interconnection facilities, the facilities study must be completed and the facilities study report transmitted to the interconnection customer within 30 business days of the public utilities receipt of the facilities study agreement from the interconnection customer. The report, and any ensuing interconnection agreement, must list the conditions and facilities necessary for the generating facility to safely interconnect with the public utility's electric distribution system, and must include a non-binding, good faith estimate of the cost of those facilities and the estimated time required to build and install those facilities.

(v) Upon completion of the facilities study and receipt of agreement of the interconnection customer to pay for interconnection facilities and upgrades identified in the facilities study, the public utility shall approve the interconnection request.

(vi) Any study fees will be invoiced to the interconnection customer after the facilities study is completed and delivered and will include a summary of professional time. The interconnection customer must pay any study costs that exceed the deposit without interest within 30 calendar days of receipt of the invoice or resolution of any dispute, but this payment responsibility shall be limited to and not exceed 125% of the public utility's non-binding, good faith estimate for the study. If the deposit exceeds the invoiced fees, the public utility shall refund the excess within 30 calendar days of the invoice without interest.

(h) Either before, along with, or within five business days after notifying the interconnection customer that the interconnection request has been approved, a public utility must provide the procedures, requirements, and associated forms for final authorization of the interconnection, as determined applicable by the public utility. These procedures and requirements may include:

(ii) transmittal to the public utility of any required notice of completion, notice of start-up, or interconnection agreement;

(iii) installation of any required meter modification by the public utility;

(iv) completion of any required inspection of the generating facility before operation by the public utility; or

(v) the requirement that the applicant may not begin parallel operations of the generating facility until receipt of a final approval or authorization of interconnection.

(i) The customer and the public utility may mutually agree to terms that vary from the standard form interconnection agreement, but this non-standard agreement shall be subject to commission approval.

(3) An interconnection customer must notify the public utility of the anticipated testing and inspection date of the generating facility at least ten business days before testing, either through the submittal of the interconnection agreement, a notice of completion, or in a separate notice.

(4) Within ten business days of receipt of the required documentation, for example, the executed interconnection agreement, notice of completion, or documentation of satisfactory completion of inspections by non-company personnel, the public utility must, if it has not already done so, conduct any company-required inspection or witness test, set the new meter, if required, approve the interconnection, and provide written notification to the interconnection customer of the final interconnection authorization or approval and that the generating facility is authorized or approved for parallel operation. If the public utility does not conduct the witness test within ten business days or by mutual agreement of the parties, the witness test is considered waived.

(5) Witness Test Not Acceptable: If the witness test is conducted and is not acceptable to the public utility, the interconnection customer must be granted a period of 60 business days to resolve any deficiencies. The parties may mutually agree to extend the period for resolving any deficiencies. If the interconnection customer fails to address and resolve the deficiencies to the satisfaction of the public utility within the agreed-upon period, the interconnection request is considered withdrawn.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-11 Interconnection Metering

(1) Metering: For generating facilities not subject to Title 54, Chapter 15, Net Metering of Electricity, the interconnection customer shall be responsible for the buying and installation of any special metering and data acquisition equipment considered necessary under the terms of the interconnection agreement unless the public utility determines otherwise. The public utility must install, maintain, and operate the metering equipment. The parties must mutually grant unrestricted access to this equipment as may be necessary to conduct routine business.

(2) For generating facilities subject to Title 54, Chapter 15, Net Metering of Electricity, metering equipment and costs for this metering equipment shall be determined as specified in Section 54-15-103. The public utility must install, maintain, and operate the metering equipment. The parties must mutually grant unrestricted access to this equipment as may be necessary to conduct routine business.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-12 Interconnection Monitoring

(1) Generating facilities approved and interconnected to the public utility under the Level 1 and Level 2 interconnection review processes, and generating facilities with nameplate capacities of 3 megawatts or less approved under the Level 3 interconnection review process, except as noted in Section R746-312-12, are not required to provide for remote monitoring of the electric output by the public utilities.

(2) Generating facilities approved under Level 3 Interconnection Applications with Electric Nameplate Capacities greater than 5 MW or Level 3 Interconnection Applications if the aggregated generation on the circuit, including the interconnection customer's generating facility, would exceed 50% of the line section annual peak load may be required to provide remote monitoring at the public utility's discretion if the public utility has required this monitoring of its own facilities.

(3) If a public utility determines monitoring data provided by telemetry is necessary for safe, reliable, and efficient operations of a proposed generating facility with an electric nameplate capacity of greater than 3 megawatts to 5 megawatts, the public utility may petition the commission on a case-by-case basis to impose monitoring and telemetry requirements on the facility. The petition must be accompanied by evidence supporting telemetry needs and requirements.

(4) For generating facilities required to provide remote monitoring pursuant to Subsections R746-312-12(2) and R746- 312-12(3), the data acquisition and transmission to a point where it may be used by the public utility's control system operations must meet the performance-based standards as follows:

(a) Any data acquisition and telemetry equipment required by this rule must be installed, operated, and maintained at the interconnection customer's expense.

(b) Telemetry requirements:

(i) parties may mutually agree to waive or change any of the telemetry requirements contained in Subsection R746- 312-12(4)(b).

(ii) the communication must take place via a Private Network Link using a Frame Relay or Fractional T-1 line or other suitable device. Dedicated Remote Terminal Units, from the generating facility to the public utility's substation and energy management system are not required.

(iii) a single communication circuit from the generating facility to the public utility is sufficient.

(iv) communications protocol must be DNP 3.0 or other standard used by the public utility.

(v) the generating facility must be capable of sending telemetric monitoring data to the public utility at a minimum rate of every two seconds, from the output of the generating facility's telemetry equipment to the public utility's energy management system.

(vi) the least data points that a generator facility shall provide telemetric monitoring to the public utility are:

(A) net real power flowing out or into the generating facility, measured as analog;

(B) net reactive power flowing out or into the generating facility, measured as analog;

(D) data processing gateway (DPG) heartbeat, used to certify the telemetric signal quality; and

(E) on-line or off-line status.

(vii) If an interconnection customer operates the equipment associated with the high voltage switchyard interconnecting the generating facility to the public utility's distribution system, and shall provide monitoring and telemetry, the interconnection customer must provide the following monitoring to the public utility in addition to the provisions in Subsection R746-312-12(4)(b)(vi):

(A) switchyard line and transformer MW and MVAR values;

(B) switchyard bus voltage; and

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-13 Interconnection Fees and Charges

(1) For a Level 1 interconnection review:

(a) A public utility whose rates are determined by the commission may not charge an application, or other fee, to an applicant that requests Level 1 interconnection review. However, if an application for Level 1 interconnection review is denied because it does not meet the requirements for Level 1 interconnection review, and the applicant resubmits the application under the Level 2 or Level 3 review procedure, the public utility may impose a fee for the resubmitted application, consistent with Section R746-312-13.

(b) Any other public utility may determine reasonable fees or charges for interconnection, however for those interconnections that fall under Title 54, Chapter 15, Net Metering of Electricity, the fees must be determined in accordance with Title 54, Chapter 15, Net Metering of Electricity.

(2) For a Level 2 interconnection review, a public utility whose rates are determined by the commission may charge fees of up to $50 plus $1 per kilowatt of the generating facility's capacity to cover the costs of the interconnection request review, plus the reasonable cost of any required minor modifications to the electric distribution system or additional reviews. Costs for these minor modifications or additional review will be based on the public utility's non-binding, good faith estimates and the ultimate installed costs. Costs for engineering work done as part of any additional review or studies may not exceed $100 per hour. A public utility may adjust the $100 hourly rate once each year to account for inflation and deflation.

(3) For a Level 3 interconnection review, a public utility whose rates are determined by the commission may charge fees of up to $100 plus $2 per kilowatt of the generating facility's capacity, as well as charges for time spent on any required impact or facilities studies. Costs for engineering work done as part of a feasibility, impact, or facilities study may not exceed $100 per hour. A public utility may adjust the $100 hourly rate once each year to account for inflation and deflation as measured by the 12 months unadjusted Consumer Price Index for any items calculated for December of the previous year. If the public utility must install facilities to accommodate the interconnection of the generating facility, the cost of these facilities shall be the responsibility of the applicant.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-14 Requirements After Interconnection Approval

(1) A public utility may not require an applicant whose facility meets the criteria for interconnection approval under the Level 1 or Level 2 interconnection review procedures to perform or pay for additional tests, except if agreed to by the applicant. In addition, a public utility may not require an interconnection customer whose net metering generating facility complies with Section 54-15-106 to perform or pay for additional tests.

(2) A public utility may not charge any fee or other charge for connecting to the public utility's distribution system or for operation and maintenance of a generating facility to generate electricity, except for the fees provided for under this interconnection rule and approved standard form agreements, or as determined by the governing authority.

(3) Once an interconnection has been approved under this interconnection rule, the public utility may not require an interconnection customer to test or perform maintenance on its facility except for the following and subject to Section 54-15-106:

(a) any manufacturer-required testing or maintenance;

(b) any post-installation testing necessary to ensure compliance with IEEE standards or to ensure safety;

(c) the interconnection customer replaces a major equipment component that is different from the originally installed model; or

(d) an annual test to be performed at the discretion of and paid for by the public utility in which the generating facility is disconnected from the public utility's equipment to ensure the inverter stops delivering power to the grid.

(4) When an approved generating facility undergoes maintenance or testing in accordance with the requirements of this interconnection rule, the interconnection customer must keep written records for three years documenting the maintenance and the results of testing.

(5) A public utility has the right to inspect an interconnection customer's facility after interconnection approval is granted, at reasonable hours and with reasonable earlier notice to the interconnection customer. If the public utility discovers that the generating facility is not in compliance with the requirements of this interconnection rule or executed agreements, the public utility may require the interconnection customer to disconnect the generating facility until compliance is achieved.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-15 Aggregation of Meters for Net Metering Interconnection

(1) To measure electricity usage under the net metering program, a public utility must, upon request from an interconnection customer, aggregate for billing purposes a meter to which the net metering facility is physically attached, the designated meter, with one or more meters, the additional meter, in the manner set out in Section R746-312-15. This rule applies only if:

(a) the additional meter is located on or adjacent to the premises of the electrical corporation's customer, subject to the electrical corporation's service requirements;

(b) the additional meter is used to measure only electricity used for the interconnection customer's requirements;

(d) the designated meter and the additional meter are served by the same primary feeder.

(2) An interconnection customer must give at least 30 business days' notice to the utility to request that additional meters be included in meter aggregation. The specific meters must be identified when the request is made. If more than one additional meter is identified, the interconnection customer must designate the ranking order for the additional meters to which net metering credits, as defined in Subsection 54-15-104(3) and approved by the governing authority, are to be applied.

(3) The aggregation of meters will apply only to charges that use kilowatt-hours as the billing determinant. Other charge applicable to each meter account shall be billed to the interconnection customer.

(4) If in a monthly billing period the net metering facility supplies more electricity to the public utility than the energy usage recorded by the interconnection customer's designated meter, the utility will apply credits, as defined in Subsection 54-15- 104(3) and approved by the governing authority, to the next monthly bill for the excess kilowatt-hours first to the designated meter, then to additional meters that are on the same rate schedule as the designated meter.

(5) If an additional meter changes service to a rate schedule that is different than the designated meter, the additional meter is not eligible for net metering credits, as defined in Subsection 54-15-104(3) and approved by the governing authority, for the rest of the billing year and until the additional meter receives service on the same rate schedule as the designated meter.

(6) If the designated meter changes service to a different rate schedule, aggregation of net metering credits is not allowed for the rest of the billing year and may not occur until the additional meters receive service on the same rate schedule as the designated meter.

(7) With the governing authority's earlier approval, a public utility may charge the interconnection customer requesting to aggregate meters a reasonable fee to cover the administrative costs of this provision.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-16 Public Utility Maps, Records, and Reports

(1) Each public utility shall maintain current records of interconnection customer generating facilities showing size, location, generator type, and date of interconnection authorization.

(2) By July 1 of each year, each public utility whose governing authority is the commission shall submit to the commission an annual report with the following summary information for the previous calendar year:

(a) the total number of generating facilities approved and their associated attributes including resource type, generating capacity, and zip code of the generating facility location;

(b) the total rated generating capacity of generating facilities by resource type;

(c) for net metering interconnections, the total net excess generation kilowatt-hours received from interconnection customers by month; and

(d) for net metering interconnections, the total amount of excess generation credits in kilowatt-hours, and their associated dollar value that have expired at the end of each annualized billing period.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

Utah Admin. Code R746-312-17 Interconnection-related Agreements

(1) Contents of a standard interconnection agreement are listed in Subsection R746-312-17(2).

(2) Each standard form interconnection agreement shall, at the least, contain the following:

(a) a requirement that the generating facility must be inspected by a local building code official before its operation in parallel with the public utility to ensure compliance with applicable local codes.

(b) provisions that permit the public utility to inspect the interconnection customer's generating facility and its component equipment, and the documents necessary to ensure compliance with Rule R746-312. The customer shall notify the public utility as required by this rule before initially placing customer equipment and protective apparatus in service, and the public utility may have personnel present on the in-service date. If the generating system is subsequently modified to increase its gross power rating, the customer must notify the public utility by submitting a new application specifying the modifications in accordance with the level of review required for the application.

(c) a provision that the customer is responsible for protecting the generating equipment, inverters, protective devices, and other system components from damage from the normal and abnormal conditions and operations that occur on the public utility system in delivering and restoring power; and is responsible for ensuring that the generating facility equipment is inspected, maintained, and tested in accordance with the manufacturer's instructions to ensure that it is operating correctly and safely.

(d) a provision that the customer shall hold harmless and indemnify the public utility for each loss to third parties resulting from the operation of the generating facility, except when the loss occurs due to the negligent actions of the public utility; and a provision that the public utility shall hold harmless and indemnify the customer for each loss to third parties resulting from the operation of the public utility's system, except when the loss occurs due to the negligent actions of the customer.

(e) Insurance:

(i) If an interconnection customer whose generating facility is no greater than two megawatts in size complies with the provisions of the interconnection request approval, interconnection agreement, and standards identified in Section 54-15-106, a public utility may not require that interconnection customer to buy additional liability insurance.

(ii) Other interconnection customers are required to buy prudent amounts of general liability insurance in an amount sufficient to protect other parties from any loss, cost, claim, injury, liability, or expense, including reasonable attorney fees, relating to or arising from any act or omission in its performance of this rule or the interconnection agreement. Neither party may seek redress from the other party in an amount greater than the amount of direct damage incurred. An interconnection customer of sufficient credit-worthiness may propose to self-insure for these liabilities and the proposal may not be unreasonably rejected.

(f) identification of any fees or charges approved pursuant to this rule or applicable law.

History

KEY: interconnection, generating equipment, renewable energy facilities, public utilities
Date of Last Change: April 9, 2024
Notice of Continuation: February 14, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-7; 54-4-14; 54-12-2; 54-15-106

R746-313 Electrical Service Reliability

Utah Admin. Code R746-313-1 Authority

This rule establishes electric service reliability and continuity requirements as provided for in Sections 54-3-1, 54-4-2, and 54-4-7.

History

KEY: reliability, IEEE 1366, SAIDI / SAIFI, major event
Date of Last Change: April 9, 2024
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-2; 54-4-7

Utah Admin. Code R746-313-2 Definitions

(1) "Customer average interruption duration index" (CAIDI) has the same meaning as in IEEE 1366 or RUS 1730A- 119, as applicable.

(2) "Electric company" means an electrical corporation or a distribution electrical cooperative that is also a public utility, as defined in Section 54-2-1.

(3) "Form 7 - Information on Service Interruptions" means:

(a) Part G of the United States Department of Agriculture Rural Utilities Service Form 7 Financial and Statistical Report;

(b) Part H of the National Rural Utilities Cooperative Finance Corporation Form 7 Financial and Statistical Report; or

(4) "Governing Authority" means:

(a) for a distribution electrical cooperative as defined in Subsection 54-2-1(6), its board of directors; and

(b) for an electrical corporation as defined in Subsection 54-2-1(7), the Public Service Commission of Utah, otherwise referred to as the commission.

(5) "The Institute of Electrical and Electronics Engineers Standard 1366" (IEEE 1366) means the 2012 edition of the IEEE Guide for Electric Power Distribution Reliability Indices.

(6) "Loss of power supply"

(a) "Loss of power supply - Distribution Substation" means the loss of the electrical power supply system due to an outage or failure of a distribution substation component.

(b) "Loss of power supply - Generation or Transmission" means the loss of the electrical power supply from the electric company's own electric generator or transmission system, including transmission lines and transmission substations, or from another electric company or electric corporation.

(7) "Momentary average interruption event frequency index" (MAIFIe) has the same meaning as in IEEE 1366 or RUS 1730A-119, as applicable.

(8) "Major event day identification threshold value" (T MED ) has the same meaning as in IEEE 1366 or RUS 1730A- 119.

(9) "Operating area" means a geographic subdivision of an electric company's Utah service territory that functions under the direction of an electric company office and as a separate entity used for reliability reporting within the electric company. An operating area may also be referred to as regions, divisions, or districts, and may also be a reliability reporting area.

(10) "Reliability" means the degree to which electric service is supplied without interruptions to customers.

(11) "Reliability indices" means the electric service interruption indices identified in IEEE 1366 or RUS 1730A-119, as applicable.

(12) "Reliability reporting area" means a grouping of one or more operating areas, for which the electric company calculates major event thresholds.

(13) "Reporting Period" means the 12-month period, based on the previous 365 days, or 366 days for leap years, for which an electric company is tracking and reporting reliability performance.

(14) "Rules" means the electric service reliability rules found at Sections R746-313-1 through R746-313-8.

(15) "RUS 1730A-119" means the United States Department of Agriculture Rural Utilities Service Bulletin 1730A- 119 entitled "Interruption Reporting and Service Continuity Objectives for Electric Distribution Systems," dated March 24, 2009.

(16) "System average interruption duration index" (SAIDI) has the same meaning as in IEEE 1366 or RUS 1730A- 119, as applicable.

(17) "System average interruption frequency index" (SAIFI) has the same meaning as in IEEE 1366 or RUS 1730A- 119, as applicable.

(18) "System-wide" means pertaining to and limited to the electric company's customers in Utah.

History

KEY: reliability, IEEE 1366, SAIDI / SAIFI, major event
Date of Last Change: April 9, 2024
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-2; 54-4-7

Utah Admin. Code R746-313-3 Purpose, Scope, Applicability, and Exceptions

(1) This rule establishes requirements for each electric company to monitor and report on electric service reliability.

(2) Unless otherwise approved, an electric company whose governing authority is the commission shall:

(a) follow the provisions of IEEE 1366 in the collection and analysis of interruption data and in the calculation and reporting of reliability indices as required by this rule. If there is a conflict between any provision in IEEE 1366 and this rule, this rule governs; and

(b) include both "distribution system" interruptions and "interruptions caused by events outside of the distribution system," as defined in IEEE 1366, in the electric company's recordkeeping, calculations, reporting, and filing as required by Sections R746-313-4 through R746-313-8.

(3) Unless otherwise approved, an electric company whose governing authority is not the commission shall:

(a) follow the provisions of either IEEE 1366 or the RUS Bulletin 1730A-119 in the collection and analysis of interruption data and in the calculation and reporting of reliability indices as required by this rule. If a conflict exists between any provision in IEEE 1366 or RUS 1730A-119 and this rule, this rule governs; and

(b) include both "distribution system" interruptions and interruptions caused by events outside of the distribution system in the electric company's recordkeeping, calculations, reporting, and filing as required by the electric service reliability rules found at Sections R746-313-4 through R746-313-8.

(4) The commission may, upon written request and for good cause shown, waive or change this rule in accordance with Section R746-1-109, Deviation from Rules.

History

KEY: reliability, IEEE 1366, SAIDI / SAIFI, major event
Date of Last Change: April 9, 2024
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-2; 54-4-7

Utah Admin. Code R746-313-4 Electric Service Reliability

(1) An electric company must have a written reliability program.

(2) Within 3 months after the effective date of this rule, an electric company whose governing authority is the commission must file for commission approval of reliability performance baselines for SAIDI and SAIFI reliability indices.

(3) The filing required by Subsection R746-313-4(2) must include at least:

(a) the basis for the proposed SAIDI and SAIFI values; and

(b) identification of systems and description of internal processes to collect, monitor, and analyze interruption data and events including:

(i) definitions of each parameter used to calculate the proposed standards and major event days, and the time period upon which the proposed standards are based, such as, 12-month rolling average, 365-day rolling average, and annual average;

(ii) identification of any proposed deviation from IEEE 1366 used in the calculation of reliability indices and determination of major event days; and

(iii) a description of each data estimation method used for the collection and calculation of SAIDI, SAIFI, CAIDI, and MAIFIe.

History

KEY: reliability, IEEE 1366, SAIDI / SAIFI, major event
Date of Last Change: April 9, 2024
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-2; 54-4-7

Utah Admin. Code R746-313-5 Electric Service Interruption Records

(1) Except as provided in Subsection R746-313-5(4):

(a) An electric company using predominantly non-automated methods for identifying outages and tracking reliability shall keep an accurate record of each sustained interruption of service that affects one or more customers.

(b) An electric company using an electronic outage management system for identifying electric service interruptions or tracking outages shall keep an accurate record of each interruption of service that affects one or more customers.

(2) Each record shall contain at least the following information:

(a) the operating area where the interruption occurred;

(b) the reference identification of the substation involved;

(d) the date and time the interruption started or was reported. If the exact time is unknown, the beginning of an interruption is recorded as the earlier of an automatic alarm or the reported initiation time;

(e) the date and time service was restored;

(f) the duration of the interruption;

(g) the number of metering points affected by the interruption;

(h) the cause of the interruption;

(i) whether the interruption was planned or unplanned;

(j) the interrupting device that made the interruption, if known; and

(k) the component involved, such as: transmission line, substation, overhead primary main, underground primary main, or transformer.

(3) For interruptions where customers are not simultaneously restored, an electric company shall keep records that document the step-restoration operations.

(4) For major events where an electric company cannot get accurate data, the electric company shall make reasonable estimates and explain these estimates in any report filed with its governing authority.

(5) An electric company shall keep the records associated with this rule in accordance with Section R746-310-10, Preservation of Records.

History

KEY: reliability, IEEE 1366, SAIDI / SAIFI, major event
Date of Last Change: April 9, 2024
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-2; 54-4-7

Utah Admin. Code R746-313-6 Inquiries About Electric Service Reliability

(1) A customer may request a report from its electric company about the reliability of the electric service provided to the customer's own meter which the electric company must provide at no cost within 20 business days of the request. If a customer requests one or more additional reliability reports for the same meter within one year of the date of the first request, the electric company may charge the customer the cost of preparing the reports.

(2) For an electric company whose governing authority is the commission, the report to the customer must include:

(a) The name of the customer;

(b) The date of the request;

(d) The meter identification number;

(e) The general identification of the equipment serving the customer; and

(f) A chronological listing of interruptions to the customer including any associated interruption data required by Subsection R746-313-5(2) covering at least the 36 months preceding the date of the request, if available. If 36 months of data are not available, the chronological listing must include any available data.

(3) For an electric company whose governing authority is not the commission, the report to the customer must include:

(a) The name of the customer;

(b) The date of the request;

(d) The meter identification number;

(e) The general identification of the equipment serving the customer; and

(f) A chronological listing of interruptions on the feeder serving the customer's meter including any interruption data required by Subsection R746-313-5(2) covering at least the 12 months preceding the date of the request. If 12 months of data are not available, the chronological listing must include any available data.

(4) Other than those inquiries named in Subsection R746-313-6(1), each electric company must have a written policy for consistent treatment of each inquiry pertaining to electric reliability. At the least, the electric company must provide to the inquiring person, by electronic means, the electric company's most recently filed report on electric service reliability required by Section R746-313-7.

History

KEY: reliability, IEEE 1366, SAIDI / SAIFI, major event
Date of Last Change: April 9, 2024
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-2; 54-4-7

Utah Admin. Code R746-313-7 Reporting on Electric Service Reliability

(1) An electric company must report deviations from the reliability performance baselines established in accordance with Section R746-313-4 within 60 days after the end of the month when the deviations occurred.

(2) Beginning May 1, 2013, and by May 1 of each succeeding year, an electric company whose governing authority is the commission shall file with the commission a report on electric service reliability for the previous calendar year. The electric company must make electronic copies of the report available to the public upon request and may charge a reasonable cost for requested paper copies.

(3) For an electric company whose governing authority is the commission, the report on electric service reliability must contain at least:

(a) the calculated SAIDI, SAIFI, CAIDI, and MAIFIe reliability indices for the reporting period. At the least, the electric company must report this information on a system-wide basis compared with the previous four years' performance and, for SAIDI, SAIFI, and CAIDI on an operating area compared with the previous four years' performance;

(b) an analysis of the system-wide and reliability reporting area sustained interruption causes compared to the previous four-year performance. Outages may be categorized using the following cause categories:

(i) Loss of Supply - Generation or Transmission;

(ii) Loss of Supply - Distribution Substation;

(iii) Distribution - Environment such as: unpreventable contamination, corrosion, airborne deposits, flooding, and fire or smoke not related to faults or lightning;

(iv) Distribution - Equipment Failure;

(v) Distribution - Lightning;

(vi) Distribution - Operational;

(vii) Distribution - Planned Outages;

(viii) Distribution - Public;

(ix) Distribution - Vegetation;

(x) Distribution - Weather, other than lightning;

(xi) Distribution - Wildlife;

(xii) Distribution - Unknown; and

(xiii) Distribution - Other;

(c) a listing of the major events experienced during the reporting period and a listing of significant events as defined by the electric company, their cause, and their effect on reliability performance during the reporting period;

(d) comparisons of budgeted and actual maintenance spending, maintenance activities, capital spending, vegetation management spending, and vegetation management activities;

(e) identification of areas whose reliability performance warrants additional improvement efforts;

(f) a listing of the T MED values that will be used for each reliability reporting area for the forthcoming annual reporting period;

(g) a summary of the changes the electric company has made or will make pertaining to the collection, calculation, estimation, and reporting of electric service reliability information and changes in reliability reporting areas or operating areas; and

(h) a map showing the reliability reporting areas or operating areas.

History

KEY: reliability, IEEE 1366, SAIDI / SAIFI, major event
Date of Last Change: April 9, 2024
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-2; 54-4-7

Utah Admin. Code R746-313-8 Major Event Reporting by Electric Utilities

(1) Major event reporting for an electric company whose governing authority is the commission. Within 30 business days after the conclusion of each event which an electric company determines satisfies the criteria for major event classification in accordance with IEEE 1366, the electric company shall file a major event report with the commission for its consideration.

(2) The major event report must include, at least:

(a) a description of the major event, the interruption causes, and a summary of restoration efforts and factors that affected restoration of service;

(b) identification of reliability reporting area and geographic area affected;

(d) the calculated SAIDI, SAIFI, and CAIDI impacts, that is, Event SAIDI, SAIFI, and CAIDI, associated with the major event to customers for each reliability reporting area and system-wide; and

(e) restoration of service information including resources used and cost.

History

KEY: reliability, IEEE 1366, SAIDI / SAIFI, major event
Date of Last Change: April 9, 2024
Notice of Continuation: April 21, 2022
Authorizing, and Implemented or Interpreted Law: 54-3-1; 54-4-2; 54-4-7

R746-314 Rules Governing the Community Renewable Energy Program

Utah Admin. Code R746-314-101 Definitions

(1) "Annexed customer" means a utility customer with an electric service address located within an area annexed into a participating community after the implementation date, beginning on the date that such person becomes an eligible customer.

(2) "Cancelation date" means the last day of the applicable cancelation period.

(3) "Cancelation period" means the period during which a participating customer may opt-out of the program without incurring a termination fee. The cancelation period shall be, as approved by the Commission:

(a) for all eligible customers on the implementation date, at least three billing cycles immediately following the applicable commencement date; or

(b) for a new customer or annexed customer, the latter of

(i) the period specified in (a), above, or

(ii) the 60-day period immediately following the applicable commencement date.

(4) "Commencement date" means:

(a) the last day of the 60-day implementation period for an eligible customer on the implementation date, which is the date by which such eligible customer must opt-out of the program in order to avoid paying any program rates, and the first day of such customer's cancelation period; or

(b) the date when the first opt-out notice is sent to a new customer or annexed customer, which is the first day of the cancelation period for such customer.

(5) "Eligible community" means a Utah municipality or county that has adopted a resolution as specified in Subsection 54-17-903(2)(a) and that continues to indicate its intent to become a participating community, including by entering into the utility agreement and the governance agreement.

(6) "Eligible customer" means a person that is a customer of the utility receiving retail electric service at a location within the boundary of a participating community, and that is identified by the utility with a tax identifier associated with a participating community, excluding any residential customer as specified in Subsection 54-17-905(5) that is then receiving net metering service from the electric utility under the utility's Utah electric service schedule 135.

(7) "Exit notice" means a notice provided to the utility by an exiting customer that indicates the exiting customer no longer wishes to participate in the program, and that also includes the exiting customer's name, account number, service address, and the telephone number associated with the account.

(8) "Exiting customer" means a participating customer that elects to terminate its participation in the program after the cancelation date applicable to that participating customer.

(9) "Governance agreement" means an interlocal or other agreement entered into prior to the filing date of the application for Commission approval of the program, among eligible communities that intend to become participating communities and that establishes a decision-making process for program design, resource solicitation, resource acquisition, and other program issues and provides a means of ensuring that eligible communities and those that become participating communities will be able to reach a single joint decision on any necessary program issues.

(10) "Implementation date" means the date following program approval and adoption of an ordinance by all participating communities on which the first opt-out notice is sent to any eligible customer.

(11) "Implementation period" means the 60-day period beginning on the implementation date.

(12) "New customer" means a person other than an annexed customer that becomes an eligible customer within a participating community after the implementation date.

(13) "Opt-out notice" means a notice meeting the requirements of Subsection 54-17-905(1) including, as applicable, either or both of the following:

(a) "first opt-out notice," which is the first notice to be provided by a utility to an eligible customer, a new customer, or an annexed customer pursuant to Section R746-314-301; and

(b) "second opt-out notice," which is the second notice to be provided by a utility to an eligible customer, a new customer, or an annexed customer pursuant to Section R746-314-302.

(14) "Ordinance" means an ordinance adopted by an eligible community as required by Subsection 54-17-903(2)(c) in order to become a participating community.

(15) "Participating community" has the meaning specified in Subsection 54-17-902(10).

(16) "Participating communities' representative" is the person(s) or entity authorized to present the decisions and opinions of participating communities pursuant to the governance agreement.

(17) "Participating customer" has the meaning specified in Subsection 54-17-902(11).

(18) "Person" means an individual or any other legal entity.

(19) "Program" means a community renewable energy program approved by the Commission pursuant to Title 54, Chapter 17, Part 9, Community Renewable Energy Act.

(20) "Program rates" means the rates and fees charged to participating customers and exiting customers to recover all costs and expenses incurred by a utility to implement and operate the program in accordance with Subsection 54-17-904(4).

(21) "Renewable energy asset" has the meaning specified in Subsection 54-17-902(14) for a renewable energy resource, excluding resources specified in Subsection 54-17-902(14)(b)(i) and Subsection 54-17-902(14)(b)(ii).

(22) "Tax identifier" means an identifier used by the utility to designate meters and accounts that are associated with specific municipal or county taxing districts.

(23) "Termination fee" means the fee, if any, to be assessed on and charged to an exiting customer in accordance with Subsection 54-17-905(3)(c) and Section R746-314-306.

(24) "Utility" means a qualified utility as defined in Section 54-17-801.

(25) "Utility agreement" means a single agreement as required by Subsection 54-17-903(2)(b) entered into prior to the filing date of the application for Commission approval of the program between the utility and all eligible communities that intend to become participating communities.

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

Utah Admin. Code R746-314-201 General Requirements

(1) Spanish Language Requirements.

(a) To the extent an eligible customer has previously indicated a Spanish language preference to the utility, notices required by these rules to such customer shall be provided in Spanish.

(b) Each opt-out notice that is not provided in Spanish shall include a short statement written in Spanish either directing customers to a Spanish language version of the opt-out notice online, or to a telephone number, website, or email address where a Spanish language version can be requested or obtained.

(2) Customer Eligibility and Participation Requirements.

(a) A utility shall not be deemed to have violated these rules to the extent it enrolls a customer in the program that, based on the tax identifier available to the utility, or, for annexed customers, a list of service addresses cross-referenced to a list provided by the annexing participating community, appears to be located within a participating community, provided that:

(i) a customer who is accidentally enrolled in the program, despite not being an eligible customer, shall be unenrolled with no termination fee, and

(ii) the utility shall refund such accidentally enrolled customer the difference between the program rates and charges assessed for the lesser of the time the customer was accidentally enrolled or one year.

(b) A participating customer that moves or changes its service address from one location within the program boundaries to another location within the program boundaries shall continue to be a participating customer at the new location.

(c) A participating customer that moves or changes its service address from a location within the boundaries of the program to a location outside the program is no longer an eligible customer, and the utility shall remove such customers from the program.

(d) A participating customer that closes its account with the utility is no longer an eligible customer with respect to that account, and the utility shall remove such customer account from the program.

(e) If a person attempts to evade these program rules through a change in name, identity or legal status, or otherwise, the utility, a participating community, or a representative of the program may seek a determination from the Commission that the person must abide by the program rules, including payment of any applicable termination fee.

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

Utah Admin. Code R746-314-301 First Opt-Out Notice

(1) The utility shall provide a first opt-out notice, separate from standard monthly bills, to each eligible customer, new customer, or annexed customer no earlier than 60 days and no later than 30 days before the commencement date applicable to such customer.

(2) The utility shall, in all material respects, use the form and content of the first opt-out notice as approved by the Commission.

(3) The utility shall send the first opt-out notice:

(a) via a method determined to be adequate by the Commission, and

(b) in person to any eligible customer with an electric load of one megawatt or more measured at a single meter.

(4) The first opt-out notice shall include at least the following information:

(a) a description of the program, including eligibility requirements;

(b) for any eligible customer on the implementation date, the applicable commencement date;

(d) a description of the actions taken by the participating communities and the utility to secure final authorization of the program;

(e) a description of the services and resources that the program is intended to provide;

(f) the projected range of program rates and terms of participation as approved by the Commission, including:

(i) projected billing impacts in the first year of the program at various usage levels using comparisons to the rates then applicable to Utah customers in the same rate class who are not participating in the program; and

(ii) a statement that program rates are estimated and subject to change, including a description of how and when rates may change;

(g) a statement informing the customer of the following:

(i) either:

(A) for notice to an eligible customer on the implementation date, that its electric accounts will be automatically included in the program beginning on the commencement date unless the customer affirmatively opts-out prior to the commencement date; or

(B) for notice to a new customer or annexed customer that its electric account has been automatically included in the program and will remain in the program unless the customer affirmatively opts-out;

(ii) that, unless the customer affirmatively opts-out of the program by the cancelation date, it may incur a termination fee;

(iii) the information the customer must provide to opt-out; and

(iv) how the customer may affirmatively opt-out;

(h) the Commission-approved amount of, or method for calculating, any then applicable termination fee and how and when the termination fee may change; and

(i) a link to a website or websites where further details can be found.

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

Utah Admin. Code R746-314-302 Second Opt-Out Notice

(1) The utility shall provide a second opt-out notice separate from standard monthly bills to each eligible customer, new customer, or annexed customer, at least 15 days after the first opt-out notice was provided and at least 7 days before:

(a) the commencement date for the second opt-out notice sent to eligible customers during the implementation period; or

(b) the cancelation date for the second opt-out notice to a new customer or annexed customer.

(2) The utility shall, in all material respects, use the form and content of the second opt-out notice as approved by the Commission.

(3) The utility shall send the second opt-out notice:

(a) via a method determined to be adequate by the Commission, and

(b) in person to any eligible customer with an electric load of one megawatt or more measured at a single meter.

(4) The second opt-out notice shall include at least the information listed in Subsection R746-314-301(4).

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

Utah Admin. Code R746-314-303 Notice to New Customers and Customers in Annexed Areas

(1) A new customer or an annexed customer shall automatically be enrolled in the program, provided that:

(a) the utility shall provide a first opt-out notice and second opt-out notice to each new customer or annexed customer as specified in Sections R746-314-301 through R746-314-302; and

(b) a new customer or annexed customer may provide notice of its intent to opt-out of the program without incurring a termination fee by providing an opt-out notice to the utility prior to the applicable cancelation date, using any of the methods identified in an opt-out notice.

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

Utah Admin. Code R746-314-304 Customers Opting-In to the Program

(1) An eligible customer located within a participating community that is not then a participating customer may elect to participate in the program by providing notice to the utility. Following such notice, the customer will be enrolled in the program starting with the billing period following the notice in which it is reasonably practicable for the utility to enroll such customer. The reasonably practicable billing period shall be based on when the notice was received and the customer's bill cycle. Following enrollment, the customer becomes a participating customer and is subject to all program requirements, including exit notices and termination fees.

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

Utah Admin. Code R746-314-305 Requirements to Exit the Program After the Cancelation Date

(1) A customer may exit the program after the applicable cancelation date, as follows:

(a) the exiting customer may provide an exit notice to the utility in the manner approved by the Commission, which may include means for providing notice via the internet, telephone, or US mail, and shall pay any applicable exit fee;

(b) the exiting customer is responsible for program rates up to the date the customer is unenrolled from the program;

(c) within 60 days after the utility's receipt of an exit notice, if not previously paid, the utility shall bill the exiting customer the applicable termination fee, if any; and

(d) the utility shall unenroll the exiting customer from the program beginning with the billing period that it is reasonably practicable for the utility to unenroll such customer following the later of:

(i) the date when the exit notice was received, or

(ii) the date that any applicable termination fee has been paid.

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

Utah Admin. Code R746-314-306 Termination Fee

(1) The termination fee for an exiting customer shall be calculated and charged as approved by the Commission with the application under Section R746-314-401, or, thereafter, as approved by the Commission from time to time. The amount of, or method for, calculating the termination fee shall be posted on the internet in a manner approved by the Commission.

(2) The approved termination fees may vary by customer class, usage level, or for other reasons that the Commission approves as being in the public interest.

(3) Termination fees, if any, applicable to a residential participating customer who moves outside of the program boundaries or who ceases to be an electric customer of the utility shall be as approved by the Commission from time to time.

(4) Termination fees may not be considered as part of the unpaid amount for any residential customer for purposes of account termination or disconnection under Section R746-200-7.

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

Utah Admin. Code R746-314-401 Program Application and Approval Requirements; Rates; Participating Communities

(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;

(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.

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

Utah Admin. Code R746-314-402 Solicitation for Program Renewable Energy Resource, and Acquisition Approval Process

(1) A renewable energy resource or program as specified in Subsection 54-17-902(14)(b)(i) or Subsection 54-17- 902(14)(b) (ii) may be adopted or procured upon approval by the Commission based on a finding the same is reasonable and in the public interest.

(2) To the extent funds are collected from participating customers in excess of then-current costs, such funds may be utilized in a balancing account to help manage unanticipated program costs and expenses, or to help offset the impacts of customers exiting the program.

(3) Renewable energy assets shall be acquired for the program through a competitive solicitation process that provides an option for the utility to own or purchase the renewable energy assets, if the Commission finds that including such an option is not contrary to the interest of participating customers and other customers of the utility.

(4) For the proposed acquisition of a solar renewable energy asset, the proposed solicitation application, solicitation approval process, and resource acquisition approval shall be in accordance with the provisions of Sections R746-450-1 through

R746-450-4 as applicable to a specific customer solicitation, except to the extent the Commission determines that any such provision should not be applicable. The proposed terms of the solicitation application and evaluation criteria under this subsection shall be developed by the utility and the participating communities' representative.

(5) For the acquisition of a non-solar renewable energy asset, the terms of the solicitation application and evaluation criteria under this subsection shall be jointly developed by the utility and participating communities' representative, and the solicitation application and approval process may either be in accordance with Subsection R746-314-402(4), or the utility may file an application with the Commission for approval of a solicitation that includes at least the following:

(a) a description of the solicitation process proposed and the manner in which the solicitation will be published;

(b) a copy of the complete proposed solicitation with any appendices, attachments, and draft pro forma contracts;

(c) descriptions of the criteria and the methods to be used by the utility and participating communities' representatives to evaluate bids, including the weighting and ranking factors to be used to evaluate bids;

(d) information directing interested parties to all questions and answers regarding the solicitation and solicitation process posted on an appropriate website;

(e) the utility's proposed cost accounting for management of the solicitation;

(f) a description of the utility's proposed mechanism to ensure the utility's personnel involved in evaluating bids and the utility's personnel involved in preparing any bids into the solicitation from the utility will be prevented from sharing information in a manner that may lead to unfair advantage or the perception of unfair advantage in the selection of a renewable energy resource, and how the utility will avoid its involvement in bid evaluation or selection from being affected by bias;

(g) sufficient information for the Commission to make the determinations required by Subsection R746-314-402(3); and

(h) any other information the Commission may require.

(6) Non-Solar Renewable Energy Asset Solicitation Approval Process.

(a) The Commission shall approve a solicitation process if it makes the following determinations:

(i) that the proposed solicitation and bid evaluation process will allow fair competition among all bidders, including the utility, if applicable;

(ii) that the solicitation process is consistent with applicable statutes and Commission rules; and

(iii) that the solicitation process is in the public interest.

(b) The Commission will provide public notice of the application. Interested persons may file comments on the application within 30 days of the notice. Interested entities shall have 15 days to respond to any comments. The Commission will hold a scheduling conference to set the time for public hearing. Unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will set a hearing date that is within 75 days of the date the application is filed.

(7) Non-Solar Renewable Energy Asset Acquisition.

(a) If, following the conclusion of the Commission-approved solicitation process, the utility seeks to purchase a non- solar renewable energy asset selected through a Commission-approved solicitation, then the utility shall first file an application for approval of the purchase with the Commission, which shall include information sufficient for the Commission to make the following determinations:

(i) that the solicitation process approved by the Commission was complied with and adhered to in all material respects;

(ii) that the selection of the winning bid for a renewable energy resource was reasonable in light of the bids received, the explanation of the scoring process, and the input provided by the participating communities' representative; and

(iii) that the utility's purchase of the winning renewable energy resource is otherwise in the public interest.

(b) The Commission will provide public notice of the application. Interested persons may file comments on the application within 30 days of the notice. Interested persons shall have 15 days to respond to any comments. The Commission will hold a scheduling conference to set the time for public hearing. Unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will set a hearing date that is within 75 days of the date the application is filed.

History

KEY: public utilities; renewable energy; community renewable energy
Date of Last Change: January 8, 2020
Notice of Continuation: January 6, 2025
Authorizing, and Implemented or Interpreted Law: 54-17-901 through 54-17-909

R746-315 Wildland Fire Protection Plans

Utah Admin. Code R746-315-1 Definitions

(1) "Wildland fire protection plan" is defined at Section 54-24-102.

(2) "Qualified utility" is defined at Section 54-17-801.

(3) "Cost and compliance report" is the annual report submitted by a qualified utility under an approved wildland fire protection plan as further described under Subsection R746-315-3(1).

History

KEY: public utilities; wildland fire protection plan
Date of Last Change: December 9, 2020
Notice of Continuation: December 3, 2025
Authorizing, and Implemented or Interpreted Law: 54-24-103

Utah Admin. Code R746-315-2 Filing and Approval

(1) A qualified utility shall submit a wildland fire protection plan that includes the items required by Subsection 54-24- 201(2) to the Commission for approval on June 1, 2020 and each October 1 every third year thereafter.

(2) The Commission shall provide public notice of the wildland fire protection plan filing, solicit input on such plan from the State Division of Forestry, Fire, and State Lands, hold a scheduling conference, and set a schedule that allows time for a Commission decision within 120 days of a qualified utility's submittal of a wildland fire protection plan, unless the Commission determines that additional time is warranted and is in the public interest.

(i) The Commission shall enter any input received from the State Division of Forestry, Fire, and State Lands into the record after 45 days, or indicate on the record that no such input was received.

(ii) Within the 30 days following entry of input from the State Division of Forestry, Fire, and State Lands into the record, or entry that no such input was received, interested parties may file comments on the qualified utility's wildland fire protection plan.

(iii) The qualified utility shall have 15 days to respond to any comments.

(iv) Unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will issue an order within 120 days of a qualified utility's submittal of a wildland fire protection plan.

(3) The Commission shall approve a qualified utility's wildland fire protection plan to the extent that the evidence in the record establishes that it:

(i) is reasonable and in the public interest; and

(ii) appropriately balances the costs of implementing the wildland fire protection plan with the risk of a potential wildland fire.

History

KEY: public utilities; wildland fire protection plan
Date of Last Change: December 9, 2020
Notice of Continuation: December 3, 2025
Authorizing, and Implemented or Interpreted Law: 54-24-103

Utah Admin. Code R746-315-3 Annual Cost and Compliance Report

(1) No later than June 1, 2021, and each year after 2021, a qualified utility shall submit a cost and compliance report:

(i) detailing the qualified utility's compliance with the qualified utility's approved wildland fire protection plan;

(ii) identifying the actual capital investments and expenses made in the prior calendar year and a forecast of the capital investments and expenses for the present year to implement the wildland fire protection plan approved under Section R746-315- 2; and

(iii) requesting the deferral and collection of the incremental revenue requirement for the capital investments and expenses to implement its approved wildland fire protection plan that is not included in base rates.

(2) The Commission shall provide public notice of a qualified utility's filing of its cost and compliance report.

(3) Within 30 days following such public notice, interested parties may file comments on the qualified utility's cost and compliance report.

(4) The qualified utility shall respond to discovery requests within 10 days.

(5) The qualified utility shall have 15 days to respond to any initial comments filed with the Commission.

(6) Within 90 days of a qualified utility's submittal of its cost and compliance report, unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will issue an order regarding the qualified utility's cost and compliance report, and, to the extent requested by the qualified utility, approving any deferral and collection of the incremental revenue requirement reasonably demonstrated by such report, provided the Commission finds the cost and compliance report satisfies statutory requirements and that the reported costs were prudently incurred.

History

KEY: public utilities; wildland fire protection plan
Date of Last Change: December 9, 2020
Notice of Continuation: December 3, 2025
Authorizing, and Implemented or Interpreted Law: 54-24-103

R746-316 Electrical Power Delivery Quality Plans

Utah Admin. Code R746-316-1 Authority

This rule establishes requirements pertaining to the submission, review, and implementation of Electrical Power Delivery Quality Plans pursuant to Sections 54-25-101, 54-25-102, and 54-25-201.

History

KEY: public utilities; electrical power delivery quality
Date of Last Change: October 26, 2023
Authorizing, and Implemented or Interpreted Law: 54-25-101; 54-25-102; 54-25-201

Utah Admin. Code R746-316-2 Definitions

(1) "Commission" means the Utah Public Service Commission.

(2) "Electrical corporation" is defined as in Section 54-2-1.

(3) "Electrical power delivery quality" is defined as in Section 54-25-101.

(4) "Electrical Power Delivery Quality Plan" is defined as in Section 54-25-101.

(5) "Industry Standards" means performance standards related to power quality and reliability promulgated by the North American Electric Reliability Corporation, the American National Standards Institute, the Institute of Electrical and Electronics Engineers, or other entity that promulgates standards that are widely adopted and accepted among electrical corporations in the United States.

(6) "Interconnection request" is defined as in Section 54-25-101.

(7) "Power Quality" refers to the quality of characteristics of electricity delivered to a qualified utility's customers, including voltage level, range, balance, harmonic distortion, flicker, disturbances, and frequency.

(8) "Qualified utility" is defined as in Section 54-17-801.

(9) "Utility-scale energy generation system" is defined as in Section 54-25-101.

History

KEY: public utilities; electrical power delivery quality
Date of Last Change: October 26, 2023
Authorizing, and Implemented or Interpreted Law: 54-25-101; 54-25-102; 54-25-201

Utah Admin. Code R746-316-3 Submission of an Electrical Power Delivery Quality Plan

(1) A qualified utility shall submit an Electrical Power Delivery Quality Plan to the Commission on or before April 1, 2024 and biennially thereafter with subsequent Electrical Power Delivery Quality Plans due on or before April 1 of each even- numbered year.

(2) A qualified utility's Electrical Power Delivery Quality Plan must include:

(a) a description of the metrics a qualified utility uses to assess Power Quality against applicable Industry Standards;

(b) a description of the equipment the qualified utility uses to assess Power Quality and to otherwise comply with this rule;

(c) a description of the procedures and standards the qualified utility will use to assess an interconnection request to decrease the risk that the interconnected utility-scale generation facility will adversely affect electrical power delivery quality to customers;

(d) a description of the procedures and standards the qualified utility will use to address adverse effects to electrical power service quality that are caused by interconnected customer-owned generation systems, including instances where the adverse effects are discovered after the time of interconnection; and

(e) a description of proposed modifications or upgrades to facilities and preventive programs the qualified utility will implement to address any electrical power delivery quality issues that do not meet the qualified utility's interconnection policy or relevant Industry Standards.

History

KEY: public utilities; electrical power delivery quality
Date of Last Change: October 26, 2023
Authorizing, and Implemented or Interpreted Law: 54-25-101; 54-25-102; 54-25-201

Utah Admin. Code R746-316-4 Review of an Electrical Power Delivery Quality Plan

(1) Upon filing of an Electrical Power Delivery Quality Plan, the Commission shall promptly issue a public notice of filing and comment period, inviting any interested person to submit written comments to the Commission within 30 days of the date the Commission issues the notice.

(2) From the date public comments are due, the qualified utility shall have 21 days to file a written response with the Commission.

(3) The Commission shall issue an order within 120 days of the date a qualified utility submits an Electrical Power Delivery Quality Plan:

(a) approving the Electrical Power Delivery Quality Plan; or

(b) declining to approve the Electrical Power Delivery Quality Plan and providing recommendations to the qualified utility regarding changes required to get the Commission's approval.

(4) Notwithstanding Subsections R746-316-4(1) through R746-316-4(3), the Commission may extend the time for public comment, the time for a qualified utility to respond to public comment, or the time allowed for the Commission to issue an order provided the Commission determines that additional time or process is warranted and in the public interest.

History

KEY: public utilities; electrical power delivery quality
Date of Last Change: October 26, 2023
Authorizing, and Implemented or Interpreted Law: 54-25-101; 54-25-102; 54-25-201

Utah Admin. Code R746-316-5 Review of the Implementation of an Electrical Power Delivery Quality Plan

(1) On October 1, 2025, and by the same date each year thereafter, a qualified utility shall file a status report with the Commission regarding the qualified utility's implementation of its Electrical Power Delivery Quality Plan.

(2) Upon filing of the status report, the Commission shall promptly issue a public notice of filing and comment period, inviting any interested person to submit written comments to the Commission within 30 days of the date the Commission issues the notice.

(3) From the date public comments are due, the qualified utility shall have 21 days to file a written response with the Commission.

(4) Within 90 days of the date a qualified utility submits a status report regarding its Electrical Power Delivery Quality Plan, the Commission shall:

(a) issue a letter acknowledging the qualified utility's status report satisfies and complies with the requirements of this rule;

(b) issue a letter indicating the Commission declines to acknowledge the status report complies with the requirements of this rule and explaining the basis for the Commission's determination; or

(c) issue an order directing any further process the Commission finds necessary and in the public interest to ensure a qualified utility is reasonably implementing its approved Electrical Power Delivery Quality Plan.

(5) Notwithstanding Subsections R746-316-5(1) through R746-316-5(4), the Commission may extend the time for public comment, the time for a qualified utility to respond to public comment, or the time allowed for the Commission to act on a status report provided the Commission determines that additional time or process is warranted and in the public interest.

History

KEY: public utilities; electrical power delivery quality
Date of Last Change: October 26, 2023
Authorizing, and Implemented or Interpreted Law: 54-25-101; 54-25-102; 54-25-201

R746-318 Large Scale Electric Requirements

Utah Admin. Code R746-318-101 Definitions

As used in this rule:

(1) "Applicant" means a person who files an application for Commission approval of a large load contract or private generation contract.

(2) "Application" means an application for Commission approval of a large load contract or private generation contract.

(3) "Closed private generation system" is defined as in Subsection 54-26-101(1).

(4) "Commission" means the Public Service Commission.

(5) "Connected generation system" is defined as in Subsection 54-26-101(2).

(6) "Large load contract" is defined as in Subsection 54-26-101(4).

(7) "Large load construction contract" is defined as in Subsection 54-26-101(5).

(8) "Large load customer" is defined as in Subsection 54-26-101(6).

(9) "Large load facilities" is defined as in Subsection 54-26-101(7).

(10) "Large load incremental costs" is defined as in Subsection 54-26-101(9).

(11) "Large-scale generation provider" is defined as in Subsection 54-26-101(11).

(12) "Large-scale service request" is defined as in Subsection 54-26-101(12).

(13) "Private generation contract" is defined as in Subsection 54-26-101(13).

(14) "Qualified electric utility" is defined as in Subsection 54-26-101(14).

(15) "Qualifying generation resources" is defined as in Subsection 54-26-101(15).

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

Utah Admin. Code R746-318-102 Authority and Scope

(1) This rule is adopted under Section 54-1-1 and Title 54, Chapter 26, Large-Scale Electric Service Requirements.

(2) This rule governs:

(a) the allocation of transmission costs between large load customers and retail customers for large load contracts for all purposes contemplated under Title 54, Chapter 26, Large-Scale Electric Service Requirements;

(b) the Commission's review of an application for approval of a large load contract; and

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

Utah Admin. Code R746-318-103 Confidentiality and Access to Information

(1) An applicant may designate information it submits to the Commission as confidential or highly confidential pursuant to the procedures set forth in Section R746-1-601.

(2) To the extent an applicant believes it necessary to restrict access to sensitive information from persons otherwise entitled to review confidential or highly confidential information under Section R746-1-602, the applicant may designate information as regulator access only by:

(a) placing the information on a document with a pink background;

(b) highlighting the information with shading, text boxes, borders, asterisks, or other conspicuous formatting; and

(c) including the following designation on each page containing the commercially sensitive information: "Regulator Access Only -- Highly Confidential -- Subject to Utah Public Service Commission Rule 746-318-103."

(3) An applicant that files a document containing information designated as regulator access only shall:

(a) file a redacted version for public access and

(b) ensure that the line numbering and formatting in the redacted version match, as closely as practicable, that appearing in the unredacted version.

(4) Information an applicant designates as regulatory access only shall be treated as confidential or highly confidential information for purposes of applying the sections of Rule R746-1 that refer to confidential or highly confidential information except the categories of persons entitled to receive or review the information enumerated in Section R746-1-602.

(5) Only the following persons are entitled to receive and review information the applicant designates as regulator access only:

(a) the Commission, including its counsel, staff, and the independent consultant retained as contemplated by Subsection 54-26-901(1)(b);

(b) the Division of Public Utilities, Utah Department of Commerce, including its counsel, staff, and any independent consultant it retains as contemplated under Subsection 54-26-901(5)(a); and

(c) the Office of Consumer Services, Utah Department of Commerce, including its counsel, staff, and any independent consultant it retains as contemplated under Subsection 54-26-901(5)(a).

(6)(a) A qualified electric utility or other intervenor may challenge an applicant's designation of information as regulator access only consistent with Section R746-1-604 and may propose alternative protections it believes are adequate to protect the commercially sensitive information, including restricting access to persons who execute non-disclosure agreements, as contemplated under Section R746-1-602.

(b) To the extent the applicant wishes to restrict the challenging party's access to the information, notwithstanding its proposed alternative protections, the applicant bears the burden of demonstrating that access could be used to the competitive disadvantage of the applicant.

(7) A rebuttable presumption exists that the following categories of information are commercially sensitive and appropriately designated regulator access only: credit terms, pricing terms, and other commercial terms related to implementing pricing and credit terms.

(8) A rebuttable presumption exists that a qualified electric utility may receive and review the following categories of information: the specific locations of both the load and generation; size of the load; size of the generation; the resource type of the generation; the contract duration; the parties' present or future intent to interconnect the load or generation to the grid; and the existence of utility service at the site.

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

Utah Admin. Code R746-318-201 General Requirements for Filing an Application for Approval of a Large Load Contract

(1) Within 15 days of executing a large load contract, a qualified electric utility or large-scale generation provider shall file with the Commission an application for approval of the large load contract, including a full and unredacted copy of the large load contract and shall include any additional appropriately redacted version to the extent the applicant has designated information confidential, highly confidential, or regulator access only.

(2) An application for Commission approval of a large load contract may be filed by a qualified electric utility or large-scale generation provider.

(3) An appropriately redacted version of the application for Commission approval of a large load contract to which the qualified electric utility is not a party shall be served upon the qualified electric utility on the same day an unredacted, complete version is filed with the Commission.

(4) An application to the Commission for approval of a large load contract shall be accompanied by:

(a) evidence that demonstrates the large load customer meets the requirements of Title 54, Chapter 26, Large-Scale Electric Service Requirements;

(b) a copy of the fully executed large load contract at issue;

(c) a description of how the addition of the applicant's use will impact the qualified electric utility's system, including the increase in electricity demand the qualified electric utility is projected to experience, if any, to serve the large load customer;

(d) information describing the large load incremental costs necessary for the large load customer to receive electric service, including distribution costs, transmission costs, generation costs, contractual costs for providing electrical service, reasonable contribution to long-term operation and maintenance costs for large load facilities, and as applicable, any of the following as allowed by the Federal Energy Regulatory Commission:

(i) transmission system improvements, including network upgrades;

(ii) interconnection facilities;

(iii) transmission service; and

(iv) other necessary infrastructure.

(5) For large load contracts with a large-scale generation provider, the applicant shall provide:

(a) certification from the large load customer that the requirements of Subsection 54-26-402(1) are met; and

(b) sufficient information for the Commission to find that the requirements of Title 54, Chapter 26, Large-Scale Electric Service Requirements, have been satisfied.

(6) For large load contracts with the qualified electric utility, the application shall include a methodology for how the qualified electric utility will maintain separate accounting records with sufficient detail to demonstrate that costs will be directly assigned to the large load customer. This methodology will be provided by the qualified electric utility. Costs to be directly assigned to large load customers include those identified in Subsection R746-318-201(4)(d).

(7) The qualified electric utility will provide any information identified in Subsection 54-26-602(4) that is available when filing.

(8) Spreadsheets provided in support of an application should have each formula intact.

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

Utah Admin. Code R746-318-202 The Commission's Review of Large Load Contracts

(1) The Commission shall approve or disapprove an application for approval of a large load contract within 60 days of the application being filed.

(2) The Commission shall approve an application for a large load contract if the Commission finds:

(a) the contract complies with Title 54, Chapter 26, Large-Scale Electric Service Requirements;

(b) the large load customer bears each just and reasonable incremental cost attributable to receiving the requested electric service; and

(c) existing ratepayers do not bear costs justly and reasonably attributable to providing electric service for the large load customer.

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

Utah Admin. Code R746-318-301 Allocation of Transmission Costs

(1) To the fullest extent allowable under applicable federal law and regulations, each interconnection and transmission- related study and any identified interconnection upgrades, transmission upgrades, network upgrades, distribution system upgrades, and system upgrades a qualified electric utility or large-scale generation provider will incur or pay to provide service to a large load customer shall be directly assigned to the large load customer.

(2) If a large load customer will be provided transmission service using a project that was previously identified as a part of the qualified electric utility's long-term transmission plan, the large load customer's share of project costs will be assigned to the large load customer giving consideration to the size of the project, project scope, the proportion of the project's transmission capacity the large load customer will use, and any impact on the transmission plan.

(3) To carry out this policy, an application for Commission approval of a large load contract that includes large load customer transmission costs shall provide:

(a) evidence sufficient to allow the Commission to determine whether each incremental transmission cost is allocated to the large load customer, including:

(i) a description of costs for transmission upgrades associated with providing service to a large load customer;

(ii) a description of how the addition of the applicant's use will impact the qualified electric utility's transmission system, including:

(A) the projected increase in electricity demand from the large load customer;

(B) the transmission upgrades needed to meet the large load customer's transmission service needs;

(iii) an explanation of if and how the qualified electric utility proposes to recover from ratepayers any transmission costs that are in excess to, and should not be directly assigned to, the large load customer; and

(iv) a description of how each incremental cost allocated to the large load customer can reasonably be expected to be recovered from the large load customer given the duration of the large load contract and any contractually required security or guarantees.

(4) To determine whether the large load customer bears each incremental cost attributable to receiving the requested electric service, the Commission may consider the following non-exclusive list of factors:

(a) the timing and extent of the relevant generation resources, distribution system upgrades, and any other costs that would not occur absent the large load contract;

(b) the extent to which the large load contract will change the costs, timing, and efficacy of any project that was already planned; and

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

Utah Admin. Code R746-318-401 Registration Requirements for Large-Scale Generation Providers

(1) To register with the Commission, a large-scale generation provider shall submit to the Commission notice of its registration, including the information and documentation that Subsection 54-26-501(2) requires.

(2) When submitting a notice of registration, the large-scale generation provider will be considered an applicant under Section R746-318-103 and may designate information as confidential, highly confidential, or regulator access only.

(3) The Commission will assign each notice of registration a unique docket number, post the filing to the Commission's website under that docket number, and distribute electronic copies to stakeholders consistent with its standard practice.

(4) To the extent the large-scale generation provider elects to designate any information contained in its notice of registration as confidential, highly confidential, or regulator access only, it shall include an additional, redacted version of the information for inclusion in the publicly accessible docket.

(5) Any person may submit notice to the Commission, at any time, that a registered large-scale generation provider has failed or is failing to comply with the requirements of Title 54, Chapter 26, Large-Scale Electric Service Requirements, after which the Commission may initiate an investigation or issue a notice of deficiency.

(6) If, at any time, the Commission determines that a registered large-scale generation provider has failed or is failing to comply with any requirement of Title 54, Chapter 26, Large-Scale Electric Service Requirements, the Commission will provide notice of the deficiency to the registered large-scale generation provider.

(7) A notice of deficiency will allow the large-scale generation provider 90 days to remedy the deficiency and may impose reasonable conditions on the large-scale generation provider's registration status during that 90-day period.

(8) If the large-scale generation provider fails to remedy any deficiency within the 90 days allowed after a notice of deficiency, the Commission may suspend or revoke the large-scale generation provider's registration status.

(9) To protect system reliability and Utah ratepayers in accordance with the law, the Commission may direct a large- scale generation provider to provide information regarding any material changes to its credit worthiness or technical capabilities, since the time of its registration, when reviewing any large load contract or private generation contract.

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

Utah Admin. Code R746-318-402 Notice to Large Load Customers

(1) A registered large-scale generation provider shall provide notice to any potential large load customer of any conditions imposed on its registration by the Commission.

(2) A registered large-scale generation provider shall include in each large load contract or private generation contract notice to the large load customer of the following:

(a) if the large-scale generation provider fails to comply with its legal requirements under Title 54, Chapter 26, Large- Scale Electric Service Requirements, the Commission may suspend or revoke the large-scale generation provider's registration and prohibit it from continuing to provide service after the large load customer is given reasonable opportunity to secure alternative service;

(b) the large load customer's load is subject to curtailment if the large load customer's demand exceeds the real-time dispatch of the large-scale generation provider's resources under the large load contract, net of transmission losses;

(c) except as explicitly provided in a large load contract, the qualified electric utility has no duty to serve a large load customer that has entered into a large load contract with a large-scale generation provider; and

(d) except as explicitly provided in a large load contract, the qualified electric utility is not required to provide backup power to a large load customer that has entered into a large load contract with a large-scale generation provider.

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

Utah Admin. Code R746-318-501 Additional Filing Requirements for Large-Scale Generation Providers with a Connected Generation System

(1) This section applies to electric service a large-scale generation provider provides to a large load customer through a connected generation system.

(2) In addition to the requirements of Section R746-318-201, an application for approval of a large load contract between a large-scale generation provider and a large load customer shall include:

(a) evidence showing the large-scale generation provider satisfies the requirements of Subsection 54-26-505(2);

(b) evidence showing the large load customer has met the requirements of Subsection 54-26-402(1);

(c) evidence showing the large-scale generation provider will serve the large load customer using only qualifying generation resources;

(d) evidence showing the large-scale generation provider has delivered the notices Section R746-318-402 requires;

(e) a declaration from the large-scale generation provider, including a summary of supporting evidence, attesting that either:

(i) no costs associated with large load facilities will be incurred by the qualified electric utility in conjunction with the large load contract; or

(ii) the large-scale generation provider or large load customer has entered a large load construction agreement to reimburse the costs of any necessary large load facilities;

(f) a declaration from the qualified electric utility, including a summary of supporting evidence that either:

(i) no electric service is requested at this time to be provided by the qualified electric utility in conjunction with the large load contract; or

(ii) the large-scale generation provider or large load customer has entered a large load service agreement for the provision of any necessary electric services from the qualified electric utility in conjunction with the large load contract; and

(iii) the qualified electric utility has had an opportunity to review an appropriately redacted version of the large load contract and the qualified electric utility concurs with the applicant that the conditions contemplated in Subsections R746-318- 501(2)(b) through (c) are satisfied.

(g) evidence the large-scale generation provider has established curtailment processes with the large load customer in the large load contract if the large load customer's demand exceeds the real-time dispatch of the large-scale generation provider's resources under the large load contract, net of transmission losses.

(3) If an applicant cannot get the declaration required by Subsection R746-318-501(2)(f), after making a reasonable and good faith effort to do so, the applicant may submit a petition to the Commission to require the qualified electric utility to show cause as to the basis for withholding the required declaration, and the Commission may waive the filing requirement under Subsection R746-318-501(2)(f) if the qualified electric utility fails to demonstrate a reasonable basis for the withholding.

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

Utah Admin. Code R746-318-601 Additional Filing Requirements for Large-Scale Generation Providers with a Closed Private Generation System

(1) This section applies to electric service a large-scale generation provider provides to a large load customer through a closed private generation system.

(2) In addition to the requirements of Section R746-318-201, a large-scale generation provider shall submit a copy of the private generation contract for the Commission's approval and the following:

(a) evidence the large-scale generation provider is registered consistent with Section 54-26-501 and Section R746-318- 401;

(b) evidence the large-scale generation provider satisfies the requirements of Subsection 54-26-505(2);

(c) evidence the large-scale generation provider will serve the large load customer using only qualifying generation resources;

(d) a declaration from the qualified electric utility, including a summary of supporting evidence, that the closed private generation system will operate with complete separation from the qualified electric utility's system; and

(e) evidence the large-scale generation provider has delivered the notices Section R746-318-402 requires and has provided the large load customer additional notice of the following:

(i) the closed private generation system is not connected to and operates independently from the transmission system of the qualified electric utility, cooperative utility, municipal utility, or any other utility;

(ii) the qualified electric utility has no duty to provide electric service including any ancillary services;

(iii) no backup power is available in the event of an outage; and

(iv) any request for interconnection to the qualified electric utility, for any level of service, requires the large load customer to submit a large-scale service request to the qualified electric utility and adhere to the process, cost allocations, and timelines set forth in Title 54, Chapter 26, Large-Scale Electric Service Requirements.

(3) If an applicant cannot get the declaration required by Subsection R746-318-601(2)(d), after making a reasonable and good faith effort to do so, the applicant may submit a petition to the Commission to require the qualified electric utility to show cause as to the basis for withholding the required declaration, and the Commission may waive the filing requirement under Subsection R746-318-601(2)(d) if the qualified electric utility fails to demonstrate a reasonable basis for the withholding.

(4) The Commission shall conduct a limited and expedited review and shall approve a private generation contract if the Commission finds:

(a) the large-scale generation provider is registered with the Commission;

(b) the large load customer is requesting service that is expected to reach a cumulative demand of 100 megawatts or greater within five years of the requested initial start date; and

(c) the generation, transmission, and related facilities remain wholly separate from facilities owned or operated by any qualified electric utility, cooperative utility, municipal utility, or other utility.

History

KEY: public utilities, large-scale electric service requirements
Date of Last Change: January 1, 2026
Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)

R746-320 Uniform Rules Governing Natural Gas Service

Utah Admin. Code R746-320-1 General Provisions

A. Scope and Applicability -- This rule applies to the methods and conditions of service used by utilities furnishing natural gas service in Utah. These rules supersede any conflicting provisions contained in tariffs of natural gas utilities subject to Commission jurisdiction. A utility may petition the Commission for an exemption from specified portions of these rules in accordance with R746-1-109, Deviation from Rules.

B. Definitions --

"British Thermal Unit" or "BTU" means the quantity of heat needed to raise the temperature of one pound of water one degree Fahrenheit.
"CFR" means the Code of Federal Regulations, April 1, 1994 edition.
"Commission" means the Public Service Commission of Utah.
"Cubic Foot" means:

a. when gas is supplied and metered to customers at the standard delivery pressure, as defined in Subsection R746- 320-2(G), the volume of gas which, at the temperature and pressure existing in the meter, occupies one cubic foot;

b. when gas is supplied to customers through positive displacement meters at other than standard delivery pressure, the volume of gas which occupies one cubic foot after applying a suitable correction factor to simulate delivery and metering at standard delivery pressure; the correction factor shall include allowance for gas temperature when it is reasonably practical to determine that factor;

c. when gas is supplied through other meters, the volume of gas which occupies one cubic foot at a temperature of 60 degrees Fahrenheit and at absolute pressure as provided in utility tariff rates or regulations approved by this Commission.

"Customer" means a person, firm, partnership, company, corporation, organization, or governmental agency supplied with gas by a gas utility subject to Commission jurisdiction.
"Customer Meter" means the device used to measure the volume of gas transferred from a gas utility to a customer.
"Main" means a distribution line that is designed to serve as a common source of supply for more than one service line. The term does not include service lines.
"Service Line" means a distribution line that transports gas from a common source of supply to:

a. a customer meter or the connection to a customer's piping, whichever is farther downstream, or

b. the connection to a customer's piping if there is no customer meter.

"Therm" means a unit of heating value equaling 100,000 BTU.
"Utility" means a gas corporation as defined in Section 54-2-1.

History

KEY: rules and procedures, public utilities, utility service shutoff
Date of Last Change: January 7, 2013
Notice of Continuation: May 11, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-320-2 Quality Control Equipment, Standards, Records and Reports

A. Testing Equipment and Facilities --

Utilities shall own and maintain or have access to the testing equipment necessary to make Commission-required tests of the gas sold by the utilities. The Commission may approve arrangements for individual utilities to have their testing done by another utility or competent party.
Utilities shall properly maintain testing equipment which shall be subject to Commission inspection. The Commission may inspect the testing equipment at reasonable times.
Utilities shall locate and use testing equipment so as to ensure that gas samples taken are fairly representative of the gas being distributed in the portion of the system being tested.

B. Heating Value --

Utilities shall file with the Commission, as part of their tariffs, the range within which the average heating value per unit of gas to be sold will fall.
Utilities shall maintain the heating value established in their tariffs and in so doing shall regulate the chemical composition and specific gravity of the gas so as to maintain satisfactory combustion in customers' appliances without repeated adjustment of the burners.
When utilities distribute supplemental or substitute gas, they shall ensure that it performs satisfactorily regardless of heating value.

C. Heating Value Tests, Records, and Reports --

Utilities shall make sufficient tests, or have access to tests made by their suppliers, to accurately determine the heating value of the gas sold.
Tests shall be made at a location, or locations, which will ensure the samples taken fairly represent the gas being furnished to the utilities and their customers. Test reports shall be available for review when requested by the Commission.

D. BTU Measurement Equipment --

Utilities shall maintain or have access to an approved type calorimeter in an adequate testing station as specified in Subsection R746-320-2(C)(1). Utilities may use an approved recording calorimeter which shall be checked at least once each month with an approved standard calorimeter or against a standard gas.
Both calorimeter and method of testing shall be subject to Commission inspection.
Utilities may use BTU measuring equipment other than calorimeters upon petition to and approval by the Commission.

E. Gas Odor -- Gas supplied to customers shall be odorized in accordance with 49 CFR 192.625, which is incorporated by this reference.

F. Purity of Gas -- Gas supplied to customers shall contain no more than 75 to 80 parts per million of total sulfur. Gas shall be free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered.

G. Standard Delivery Pressure -- Standard Delivery Pressure shall be four ounces above local atmospheric pressure. Maximum and minimum low pressure delivery pressures shall conform to 49 CFR 192.623, which is incorporated by reference.

H. Pressure Testing and Maintenance of Standards --

Utilities shall make every reasonable effort to maintain adequate gas pressure. Utilities shall make determinations and keep records of pressures adequate to enable the utilities at all times to have accurate current knowledge of the pressure existing in their distribution systems. Pressure records shall be properly identified, dated, and filed in the utilities' records.
Utilities shall periodically test and maintain the accuracy of any recording pressure gauges.
Pressure limiting and regulator stations shall comply with 49 CFR 192.741, which is incorporated by this reference.

History

KEY: rules and procedures, public utilities, utility service shutoff
Date of Last Change: January 7, 2013
Notice of Continuation: May 11, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-320-3 Use, Location, and Accuracy Tests of Meters

A. Use of Meters -- Gas sold by utilities shall be metered through approved meters except in case of emergency, or when otherwise authorized by the Commission as provided in R746-1-109, Deviation from Rules. Meters shall bear an identifying number and shall be plainly marked to show the units of the meter index. When gas is delivered at higher than standard pressure, the contract, rate schedule, or gas bill shall specify the method to be used to correct the gas volume to standard pressure.

B. Meter Location -- Meters may be located either inside or outside of buildings. The locations selected by utilities and provided by customers shall be convenient for inspection and reading of the meters and shall comply with 49 CFR 192.353, 192.355, 192.357, incorporated by reference.

C. Meter Accuracy at Installation -- New meters and reinstalled meters shall be no more than one percent fast or two percent slow.

D. Initial Tests of Meters -- Meters shall be tested and meet the foregoing accuracy limits before installation. When meters are placed into service, the meter index reading shall be recorded.

E. Periodic Tests of Meters --

Utilities shall adopt schedules for periodic tests and repairs of positive displacement meters. Utilities shall keep records of accuracy of meters periodically tested and shall analyze the records to determine meter service life for purposes of adjusting the periods for testing and servicing meters.
Unless a time extension or a statistical sampling method is approved by the Commission, meter test intervals for displacement meters of the following rated capacities shall not exceed the following:

TABLE

a. To 300 cu. ft./hr 10 yrs

b. 300 to 600 cu. ft./hr 5 yrs

c. 600 to 1,500 cu. ft./hr 3 yrs

d. Over 1,500 cu. ft./hr 2 yrs

e. Orifice Meters, inspected

and checked for accuracy 1 yr

F. Meter Tests by Request --

Upon written request, utilities shall test a customer's meter promptly. If a meter has been tested within 12 months preceding the date of the request, the utility concerned may require the customer to make a deposit to defray the costs of the test. If the meter is found to be more than three percent inaccurate, either over or under, the deposit shall be refunded; otherwise the deposit may be processed by the utility as a service charge. The deposit shall not exceed the estimated cost of performing the test.
The customer shall be entitled to observe the test and the utility shall forward a copy of the written report of the test to the customer.

G. Referee Meter Tests -- If there is a dispute over a test, the customer concerned may request a referee test in writing. The Commission may require the deposit of a testing fee in connection with a referee test to defray costs of the test. Upon filing of the request and receipt of the deposit, if needed, the Commission shall notify the utility and the utility shall not remove the meter until the Commission so instructs. The meter shall be tested in the presence of the Commission's representative, and if the meter is found to be more than three percent inaccurate, the customer's deposit may be refunded; otherwise it may be kept.

H. Billing Adjustments for Meter Variance --

If a meter tested pursuant to Subsections R746-320-3(E) and (F) is more than three percent fast, there shall be refunded to the customer the amount billed in error for one-half the period since the last test. The one-half period shall not exceed six months unless it can be shown that the error was due to some cause, the date of which can be fixed. In this instance, the overcharge shall be computed back to, but not beyond, that date.
If a meter tested pursuant to Subsections R746-320-3(E) and (F) is more than three percent slow, the utility may bill the customer in an amount equal to the unbilled error for one-half the period since the last test, that one-half period shall not exceed six months.
When there is a nonregistering meter, the customer may be billed on an estimate based on previous bills for similar usage. The estimated period shall not exceed three months.
When there is unauthorized use, the customer may be billed on a reasonable estimate of the gas consumed.

I. Standard Meter Test Methods -- Meter tests shall be made by trained personnel using approved methods and testing equipment. The methods and apparatus recommended in the Gas Displacement Standard, Second Edition 1985, published by the American Gas Association and incorporated by this reference, may be used to satisfy this rule.

J. Meter Testing Equipment -- Utilities shall own and maintain, or have access to, at least one five-cubic-foot prover of an approved type, as well as other equipment necessary to test meters. Meter testing equipment shall be installed in a meter testing station designed for that purpose.

K. Records of Meter Tests -- Utilities shall record the original data of meter tests on standard forms and preserve the data until the next time meters are tested.

L. Meter Records -- Utilities shall keep permanent records of their meters. Utilities shall start a record for each meter when purchased and include the date of purchase, identification number, manufacturer's name, type, and rating. Utilities shall keep records of any tests, adjustments, and repairs. Utilities shall keep records of meter readings when the meters are installed or removed from service together with the addresses of customers served. The meter records shall be systematically kept and filed until the meters are retired.

History

KEY: rules and procedures, public utilities, utility service shutoff
Date of Last Change: January 7, 2013
Notice of Continuation: May 11, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-320-5 Design, Construction, and Operation of Plant

A. Generally --

Facilities owned or operated by utilities and used in furnishing gas shall be designed, constructed, maintained and operated so as to provide adequate and continuous service. Utilities shall, at all times, use every reasonable effort to protect the public from danger and shall exercise due care to reduce the hazards to which employees, customers, and others may be subjected from their equipment and facilities.
Utilities shall use accepted good practice of the gas industry, but in no event shall those practices be construed to require less than required by this rule, R746-409, Pipeline Safety in Utah, Chapter 13 of Title 54, and the federal Natural Gas Pipeline Safety Act, 49 U.S.C. Section 1671 et seq.

B. Regulators -- If the gas pressure maintained in a customer's service line exceeds the standard delivery pressure, the utility concerned shall install an approved service regulator on the service line on the customer's premises. The regulator shall be set to deliver gas within the established delivery pressure range and shall have a vent piped to the outdoors if the regulator is located within a building. If pressure in the service line exceeds 100 p.s.i.g., a primary regulator, in addition, shall be installed on the service line outside the building. Regulators shall not be required for service of industrial or commercial customers served through high pressure meters.

C. Main Extensions -- Utilities shall adopt, with Commission approval, uniform rules and regulations governing main extensions.

D. Installation and Maintenance of Service Lines and Meters --

Utilities shall furnish, install and maintain, free of charge, a gas service line from the gas main adjacent to customers' premises to the customers' property lines or curbs, except that utilities shall not be required to install the piping on the outlet side of meters.
Customers may be required by utilities to install or pay in full or in part for gas service lines from property lines to customers' buildings in accordance with approved tariffs.
Service lines and meters shall be owned and maintained by utilities.

E. Service Lines for Temporary Service --

Utilities may provide temporary service to customers and may require the customers to bear any costs, in excess of any salvage value realized, of installing and removing service lines.
Temporary service shall be considered service provided for emergency or short-term use, as specified in approved tariffs, or service for speculative operations or those of questionable permanency.

F. Gas Service Line Valves --

New gas service lines, entering customers' buildings, which are operating at a pressure greater than 10 p.s.i.g., and other service lines two inches or larger, I.P.S., shall be equipped with a gas service line valve located on the service line outside buildings served. If a service line valve is underground, it shall be located in a durable curb box at an easily-accessible location. The top of the curb box shall be at ground level and shall be kept visible by the customer.
Service lines shall be equipped with a gas service line valve near the meter. If a service line is not equipped with an outside shut-off, the inside shut-off shall be a type which can be sealed in the off position.

History

KEY: rules and procedures, public utilities, utility service shutoff
Date of Last Change: January 7, 2013
Notice of Continuation: May 11, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-320-6 Records

A. Maps and Records --

Utilities shall keep suitable maps or records to show size, location, character, and date of installation of major plant items.
Upon Commission request, and in form specified by or satisfactory to the Commission, utilities shall file adequate descriptions or maps showing the location of facilities.

B. Operating Records --

Utilities shall keep appropriate operating records for use in statistical and analytical studies for regulatory purposes.
Operating records shall be subject to Commission inspection at reasonable times.

C. Availability of Records -- Utilities shall keep any records made mandatory by these rules at the utilities' offices in Utah. Commission representatives may inspect mandatory records at reasonable times and in a reasonable manner during normal operating hours.

D. Reports to the Commission -- Utilities shall furnish to the Commission, at times and in form designated by the Commission, the results of required tests and summaries of mandatory records. At Commission request, utilities shall also furnish the Commission with information concerning facilities or operations.

E. Preservation of Records -- The Commission adopts the standards of 18 CFR 225, incorporated by reference, to govern the preservation of records of natural gas utilities subject to the jurisdiction of the Commission.

History

KEY: rules and procedures, public utilities, utility service shutoff
Date of Last Change: January 7, 2013
Notice of Continuation: May 11, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-320-7 Accounting

A. Uniform System of Accounts -- The Commission adopts 18 CFR 201, incorporated by this reference, as the uniform system of accounts for gas utilities subject to Commission jurisdiction. Utilities shall use this system.

B. Uniform List of Retirement Units of Property -- The Commission adopts 18 CFR 216, incorporated by this reference, as the schedule to be used in conjunction with the uniform system of accounts in accounting for additions to and retirements of gas plant. Utilities subject to Commission jurisdiction shall use this schedule.

History

KEY: rules and procedures, public utilities, utility service shutoff
Date of Last Change: January 7, 2013
Notice of Continuation: May 11, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-320-8 Billing Adjustments

A. Definitions --

A "backbill" is that portion of a bill, other than a levelized bill, which represents charges not previously billed for service that was actually delivered to the customer before the current billing cycle.
A "catch-up bill" is a bill based on an actual reading provided after one or more bills based on estimated or customer readings. A catch-up bill which exceeds by 50 percent or more the bill that would have been provided under a utility's standard estimation program is presumed to be a backbill.

C. Limitations on Providing a Backbill -- A utility shall not provide a backbill more than three months after the utility actually became aware of the circumstance, error, or condition that caused the underbilling and the correct calculation to be used in the backbill has been determined. This limitation does not apply to fraud, theft of service, and denial of access to meter situations.

D. Limitations of the Period for Backbilling --

A utility shall not bill a customer for service provided more than 24 months before the utility actually became aware of the circumstance, error, or condition that caused the underbilling or that the original billing was incorrect.
When there is customer fraud, theft of service, or denial of access to the meter, the utility shall estimate a bill for the period over which the fraud or theft was perpetrated or that denial of access occurred. The time limitations of Subsection R746-320-8(D)(1) do not apply to customer fraud or theft situations.
In the case of a backbill for Utah sales taxes not previously billed, the period covered by the backbill shall not exceed the period for which the utility is assessed a sales tax deficiency.

E. Payment Period and Interest -- A utility shall permit the customer to make arrangements to pay a backbill without interest over a time period at least equal in length to the time period over which the backbill was assessed. However, interest will be assessed at the rate applied to past due accounts on amounts not timely paid in accordance with the established arrangements. If the utility has demonstrated that the customer knew or reasonably should have known that the original billing was incorrect or in the case where there has been fraud or theft, interest will be assessed from the time the original payment was due.

History

KEY: rules and procedures, public utilities, utility service shutoff
Date of Last Change: January 7, 2013
Notice of Continuation: May 11, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-320-9 Overbilling

A. Standards and Criteria for Overbilling -- Billing under the following conditions constitutes overbilling:

a meter registering more than three percent fast, or a defective meter;
use of an incorrect heat value multiplier;
incorrect service classification, if the information supplied by the customer was not erroneous or deficient;
billing based on a crossed meter condition where the customer is billed on the incorrect meter;
meter turnover, or billing for a complete revolution of a meter which did not occur;
a delay in refunding payment to a customer pursuant to rules providing for refunds for line extensions;
incorrect meter reading or recording by the utility; and
incorrect estimated demand billings by the utility.

B. Interest Rate --

A utility shall provide interest on customer payments for overbilling. The interest rate shall be the greater of the interest rate paid by a utility on customer deposits, or the interest rate charged by a utility for late payments.
Interest shall be paid from the date when the customer overpayment is made, until the date when the overpayment is refunded. Interest shall be compounded during the overpayment period.

C. Limitations --

A utility shall not be required to pay interest on overpayments if offsetting billing adjustments are made during the next full billing cycle after the receipt of the overpayment.
The utility shall be required to offer refunds, in lieu of credit, only when the amount of the overpayment exceeds $50 or the sum of two average month's bills, whichever is less. However, the utility shall not be required to offer a refund to a customer having a balance owing to the utility, unless the refund would result in a credit balance in favor of the customer.
If a customer is given a credit for an overpayment, interest will accrue only up to the time at which the first credit is made, when credits are applied over two or more bills.
A utility shall not be required to make a refund of, or give a credit for, overpayments which occurred more than 24 months before the customer submitted a complaint to the utility or the Commission, or the utility actually became aware of an incorrect billing which resulted in an overpayment. For all overbilling conditions specified in 746-320-9.A, except for crossed meter conditions specified in 746-320-9.A.4 not caused by the utility, an exception to the 24 month limitation period applies when the overbilling can be shown to be due to some cause, the date of which can be fixed. In this instance the overcharge shall be computed back to that date and the entire overcharge shall be refunded.
When a utility can demonstrate before the Commission that a customer knew or reasonably should have known about an overpayment, a utility shall not be required to pay interest on the overpayment.
Utilities shall not be required to pay interest on overpayment credits or refunds which were made before the effective date of this rule provision.
Disputes regarding the level or terms of the refund or credit are subject to the informal and formal review procedures of the Utah Public Service Commission.

History

KEY: rules and procedures, public utilities, utility service shutoff
Date of Last Change: January 7, 2013
Notice of Continuation: May 11, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

R746-330 Rules for Water and Sewer Utilities Operating in Utah

Utah Admin. Code R746-330-1 General Provisions

A. Scope and Applicability--The following rules apply to the methods and conditions of service of water and sewer utilities, as defined in 54-2-1, operating within Utah.

B. Definitions--For purposes of these rules, the following terms shall bear the following meanings:

"Board" means the Utah Drinking Water Board.
"Commission" means the Public Service Commission of Utah.
"Utility" means a water or sewer corporation as defined in Section 54-2-1.

History

KEY: public utilities, sewerage, water, water quality
Date of Last Change: March 14, 1997
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-330-2 Purity of Water Supply

A. Water Quality--Water furnished by utilities for culinary purposes shall be agreeable to sight and smell and be free from disease-producing organisms and injurious chemical or physical substances. The standards to be applied in meeting these criteria shall be those of the Board.

B. Sampling and Testing--

The Commission may, on its own motion, require utilities to submit to sampling and testing of water quality additional to that required by the Board.

History

KEY: public utilities, sewerage, water, water quality
Date of Last Change: March 14, 1997
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-330-3 Meters

A. Testing Equipment--Utilities maintaining meters on their systems for measuring culinary water service shall have equipment approved by the Commission available for testing the accuracy of the meters.

B. Testing Intervals--Utilities shall establish testing methods and intervals satisfactory to the Commission.

C. Customer Test Requests--Utilities shall test the accuracy of their meters at the request of customers free of charge if the meter has not been tested for a period within the 12 months before the request. If the meter has been tested within 12 months of the request, and the test discloses the meter records within a range of 97 percent to 103 percent of absolute accuracy, under test conditions satisfactory to the Commission, the utility may charge the customer for costs of the test.

D. Meter Standards of Accuracy--Utilities shall replace meters which do not record within 97 percent to 103 percent of accuracy under testing methods approved by the Commission.

E. Meter Cards--Utilities shall keep individual cards for each meter measuring culinary water service. The cards shall show, at a minimum identification data; date and location of latest meter test; reason for test; name of person or organization performing test; and result of test. The meter cards shall be available for inspection by the Commission at reasonable hours.

History

KEY: public utilities, sewerage, water, water quality
Date of Last Change: March 14, 1997
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-330-4 Uniform System of Accounts

A. Adoption of System of Accounts--The Commission adopts, and incorporates by this reference, the following Uniform Systems of Accounts.

Water utilities - Classes A, B, and C Water Utilities, 1996 editions, published by the National Association of Regulatory Utility Commissioners.
Sewer utilities - Classes A, B, and C Wastewater Utilities, 1996 editions, published by the National Association of Regulatory Utility Commissioners.

B. Utilities operating in Utah shall keep their accounts in accordance with the system of accounts appropriate to the utilities' respective classifications.

History

KEY: public utilities, sewerage, water, water quality
Date of Last Change: March 14, 1997
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-330-5 Preservation of Records

Preservation of Records -- The Commission adopts the following standards, incorporated by this reference, to govern the preservation of records of water and sewer utilities subject to the jurisdiction of the Commission: Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities published by the National Association of Regulatory Utility Commissioners in April 1974 and revised in May 1985.

History

KEY: public utilities, sewerage, water, water quality
Date of Last Change: March 14, 1997
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

Utah Admin. Code R746-330-6 Ratebase Treatment of Developer-owned Water or Sewer Company Assets--Presumption of Recovery

There is a rebuttable presumption that the value of original utility plant and assets has been recovered in the sale of lots in a development to be served by a developer-owned water or sewer utility.

History

KEY: public utilities, sewerage, water, water quality
Date of Last Change: March 14, 1997
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-4-1; 54-4-7; 54-4-18; 54-4-23

R746-332 Depreciation Rates for Water Utilities

Utah Admin. Code R746-332-1 Depreciation Rates for Water Utilities

A. Water utilities operating under the jurisdiction of the Public Service Commission of Utah shall be allowed to recover in rates charged consumers, the cost of the investment in depreciable utility plant, less established net salvage, over the useful life of the plant.

B. The base on which depreciation expense is calculated shall be the original cost of the depreciable property to the person or entity who first devotes the property to public service, and that the method to be used in calculating depreciation expense for book and rate making purposes shall be the straight line average service life method.

C. Effective with each utility's next general rate case, each water utility operating in Utah shall not depreciate utility plant faster than allowed by the following rates, except where the Commission has approved depreciation rates based on shorter plant lives as shown by a competent depreciation study:

TABLE

NARUC Account Average Net Depreciation

Account Service Salvage Rate

Number Life -- Percent -- Percent

Years

304 Structures and 35 2.9

Improvements

305 Collecting and 50 2.0

Impounding

reservoirs

306 Lake, River and 35 2.9

Other Intakes

307 Wells and 25 4.0

Springs

308 Infiltration 25 4.0

Galleries and

Tunnels

309 Supply Mains 50 2.0

311 Pumping 20 5.0

Equipment

320 Water 20 5.0

Treatment

Equipment

330 Distribution 30 3.3

Reservoirs and

Standpipes

331 Transmission and 50 2.0

Distribution

Mains

333 Services 30 3.3

334 Meters and Meter 35 10 2.6

Installations

335 Hydrants 40 5 2.4

340 Office 20 5 4.8

Furniture

and Equipment

341 Transportation 7 10 12.9

Equipment

342 Stores 20 5.0

Equipment

343 Tools, Shop and 15 5 6.3

Garage

Equipment

344 Laboratory 15 6.7

Equipment

345 Power 10 10 9.0

Operated

Equipment

346 Communication 10 10 9.0

Equipment

History

KEY: public utilities, water, rules and procedures
Date of Last Change: 1987
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-24

R746-340 Service Quality for Telecommunications Corporations

Utah Admin. Code R746-340-1 General

A. Application of Rules -- These rules promulgated herein shall apply to each telecommunications corporation, as defined in Subsection 54-8b-2.

These rules govern the furnishing of communications services and facilities to the public by a telecommunications corporation subject to the jurisdiction of the Commission. The purpose of these rules is to establish reasonable service standards to the end that adequate and satisfactory service will be rendered to the public.
The adoption of these rules by the Commission shall in no way preclude it from altering or amending its rules pursuant to applicable statutory procedures, nor shall the adoption of these rules preclude the Commission from granting temporary exemptions to rules in exceptional cases as provided in R746-1-109, Deviation from Rules.

B. Definitions -- In the interpretation of these rules, the following definitions shall apply:

"Allowed Service Disruption Event" -- an event when a telecommunications corporation is prevented from providing adequate service due to:

a. A customer's act;

b. A customer's failure to act;

c. A governmental agency's delay in granting a right-of-way or other required permit;

d. A disaster or an act of nature that would not have been reasonably anticipated and prepared for by the telecommunications corporation;

e. A disaster of sufficient intensity to give rise to an emergency being declared by state government;

f. A work stoppage, which shall include a grace period of six weeks following return to work;

g. A cable cut outside the telecommunications corporation's control affecting more than 20 pairs.

h. A public calling event, busy calling or dial tone loss due to mass calling or dial-up event;

i. Negligent or willful misconduct by customers or third parties including outages originating from the introduction of a virus onto the telecommunications corporation's network or acts or terrorism.

"Central Office" -- A building that contains the necessary telecommunications equipment and operating arrangements for switching, connecting, and inter-connecting the required local, interoffice, and interexchange services for the general public.
"Central Office Area" -- A geographic area served by a central office.
"CFR" means the Code of Federal Regulations, 2000 edition.
"Choke Network Trunk Groups" -- A network with special trunking and special prefixes in place to manage the use of mass-calling-numbers.
"Commission" -- Public Service Commission of Utah.
"Commitment" -- A promise by a telecommunications corporation to a customer specifying a date and time to provide a service.
"Customer" -- A person, firm, partnership, corporation, municipality, cooperative, organization, or governmental agency, provided with telecommunications services by a telecommunications corporation.
Customer trouble reports include:

a. "Trouble Report" -- A customer report attributable to the malfunction of a telecommunications corporation's facilities and includes repeat trouble reports.

b. "Out of Service Trouble Report" -- A report used when a customer reports there is neither incoming nor outgoing telecommunications capability.

c. "Repeat Trouble Report" -- A report received on a customer access line within 30 days of a closed trouble report.

"Exchange" -- A unit established by a telecommunications corporation for the administration of telecommunication services in a specified geographic area. It may consist of one or more central office areas together with associated outside plant facilities used in furnishing telecommunications services in that area.
"Exchange Service Area" -- The geographical territory served by an exchange.
"Held Order" -- A request for basic exchange line service delayed beyond the initial commitment date due to a lack of facilities which the telecommunications corporation is responsible for providing.
"Interconnection Trunk Group" -- Connects the telecommunications corporation's central office or wire center with another telecommunications corporation's facilities.
"Local Access Line" -- A facility, totally within one central office area, providing a telecommunications connection between a customer's service location and the serving central office.
"Out of Service" -- When there exists neither incoming nor outgoing telecommunication capability.
"Party Line Service" -- A grade of local exchange service which provides for more than one customer to be served by the same local access line.
"Price List" -- The terms and conditions upon which public telecommunications services are offered that is filed by a telecommunications corporation that is subject to pricing flexibility pursuant to 54-8b-2.3.
"Tariff" -- A portion or the entire body of rates, tolls, rentals, charges, classifications and rules, filed by the telecommunications corporation and approved by the Commission.
"Telecommunications Corporation" -- A "telephone corporation" as defined in Section 54-2-1.
"Voice Grade Service" -- Service that at a minimum, includes: a. providing access to E911, which identifies the exact location of the emergency caller;

b. Two-way communications with a clear voice each way;

c. Ability to place and receive calls; and

d. Voice band between 300 HZ and 3000 HZ.

"Wire Center" -- The building in which one or more local switching systems are installed and where the outside cable plant is connected to the central office equipment.

History

KEY: procedures, telecommunications, telephone utility regulations
Date of Last Change: May 27, 2014
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-14; 54-4-23

Utah Admin. Code R746-340-2 Records and Reports

A. Availability of Records -- Each telecommunications corporation shall make its books and records open to inspection by representatives of the Commission, the Division of Public Utilities, or the Office of Consumer Services (or any successor agencies) during normal operating hours.

B. Retention of Records -- All records required by these rules shall be preserved for the period of time specified at 47 CFR 42, incorporated by this reference.

C. Reports --

Each telecommunications corporation shall maintain records of its operations in sufficient detail to permit review of its service performance.
Central offices with more than 500 local access lines, shall each report as promptly as possible to the Commission and the local news media, including, but not limited to, radio, TV, and newspaper, when applicable, failure or damage to the equipment or facilities which disrupts the local or toll service of 25 percent or more of the local access lines in that central office for a time period in excess of two hours.

D. Uniform System of Accounts -- The Uniform System of Accounts for Class A and Class B telephone utilities, as prescribed by the Federal Communications Commission at 47 CFR 32 is the prescribed system of accounts to record the results of Utah intrastate operations.

E. Data to be Filed with the Commission --

Terms and Conditions of Service -- Each telecommunications corporation shall have its tariff, price lists, etc., which describe the terms and conditions under which it offers public telecommunications services on file with the Commission, and where applicable, in accordance with the rules governing the filing of the information as prescribed by the Commission. It shall also provide the same information to the Commission in electronic format as requested by the Commission.
Exchange Maps -- Each telecommunications corporation shall have on file with the Commission an exchange area boundary map for each of its exchanges within the state. Each map shall clearly show the boundary lines of the exchange area wherein the telecommunications corporation serves. Exchange boundary lines shall be located by appropriate measurement to an identifiable location where that portion of the boundary line is not otherwise located on section lines, waterways, railroads, roads, etc. Maps shall show the location of major highways, section lines, geographic township and range lines and major landmarks located outside municipalities. An approximate distance scale shall be shown on each map.

History

KEY: procedures, telecommunications, telephone utility regulations
Date of Last Change: May 27, 2014
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-14; 54-4-23

Utah Admin. Code R746-340-3 Engineering

A. Utility Plant -- Utility plant shall be designed, constructed, maintained and operated in accordance with the provisions outlined in the National Electrical Safety Code, 1993 edition, incorporated by reference.

B. Party-line Service -- When party-line service is to be provided, no more than eight customers shall be connected on one local access line, unless approved by the Commission. The telecommunications corporation may re-group customers as may be necessary to carry out the provisions of this rule.

History

KEY: procedures, telecommunications, telephone utility regulations
Date of Last Change: May 27, 2014
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-14; 54-4-23

Utah Admin. Code R746-340-4 Emergency Operation

A. Emergency Service -- Telecommunications corporations shall make reasonable arrangements to meet emergencies resulting from failures of service, unusual and prolonged increases in traffic, illness of personnel, fire, storm or other acts of God, and inform its employees as to procedures to be followed in the event of emergency in order to prevent or minimize interruption or impairment of telecommunication service.

B. Battery Power -- Each central office shall have a minimum of three hours battery reserve.

C. Auxiliary Power -- In central offices exceeding 5,000 lines, a permanent auxiliary power unit shall be installed.

History

KEY: procedures, telecommunications, telephone utility regulations
Date of Last Change: May 27, 2014
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-14; 54-4-23

Utah Admin. Code R746-340-5 Maintenance

A. Maintenance of Plant and Equipment --

Each telecommunications corporation shall adopt and pursue a maintenance program aimed at achieving efficient operation of its system to permit the rendering of safe, adequate and continuous service at all times.
Maintenance shall include keeping all plant and equipment in a good state of repair consistent with safety and the adequate service performance of the plant affected.

B. Customer Trouble Reports --

Each telecommunications corporation shall provide for the receipt of customer trouble reports at all hours, and shall make a full and prompt investigation of and response to each complaint. The telecommunications corporation shall maintain a record of trouble reports made by its customers. This record shall include appropriate identification of the customer or service affected, the time, date and nature of the report, and the action taken to clear the trouble or satisfy the complaint.
Provision shall be made to clear emergency out-of-service trouble at all hours, consistent with the bona fide needs of customers and the personal safety of utility personnel.
Provisions shall be made to clear other out-of-service trouble not requiring unusual repair, within 48 hours of the report received by the telecommunications corporation, unless the customer agrees to another arrangement.
If unusual repairs are required, or other factors preclude clearing of reported trouble promptly, reasonable efforts shall be made to notify affected customers.

C. Inspections and Tests -- Each telecommunications corporation shall adopt a program of periodic tests, inspections and preventive maintenance aimed at achieving efficient operation of its system and rendering safe, adequate, and continuous service. It shall file a description of its inspection and testing program with the Commission showing how it will monitor and report compliance with Commission rules or standards.

D. Planned Service Interruptions -- If service must be interrupted for purposes of rearranging facilities or equipment, the work shall be done at a time which will cause minimal inconvenience to customers. Each telecommunications corporation shall attempt to notify each affected customer in advance of the interruption. Emergency or alternative service shall be provided, during the period of the interruption, to assure communication is available for local law enforcement and public safety units and agencies.

History

KEY: procedures, telecommunications, telephone utility regulations
Date of Last Change: May 27, 2014
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-14; 54-4-23

Utah Admin. Code R746-340-6 Safety

A. Safety -- Each telecommunications corporation shall:

require its employees to use suitable tools and equipment to perform their work in a safe manner;
instruct employees in safe work practices;
exercise reasonable care in minimizing the hazards to which its employees, customers and the general public may be subjected.

History

KEY: procedures, telecommunications, telephone utility regulations
Date of Last Change: May 27, 2014
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-14; 54-4-23

Utah Admin. Code R746-340-7 End User Service Standards For All Telecommunications Corporations

A. Public Telecommunications Services -- A telecommunications corporation providing public telecommunications services shall, excluding documented Allowed Service Disruption events listed under R746-340-1(B)(1):

meet minimum voice grade requirements as defined in R746-340-1(B)(19);
meet network call completion standards:

a. provide dial tone within three seconds on at least 98 percent of tested calls placed during average daily busy hours each month for each wire center; and

b. assure that no interoffice facilities entirely within a telecommunications corporation's network, except choke network trunks, exceed two percent blocking. Intertandem facilities shall be governed by R746-365.

History

KEY: procedures, telecommunications, telephone utility regulations
Date of Last Change: May 27, 2014
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-14; 54-4-23

R746-344 Filing Requirements for Telephone Corporations with Less Than 5,000 Access Line Subscribers

Utah Admin. Code R746-344-1 Purpose

A. Standard filing requirements are to provide uniformity of information for general rate case filings. The required information shall be filed on schedules, approved by the Commission, with the application for a change in rates. Providing this information with the rate application shall simplify proceedings, eliminate expense, and enhance the effectiveness of the fact finding process.

B. The standard filing requirements will provide factual information in an organized and referenced manner. This information may be used by the Commission, the Division of Public Utilities, or other interested parties to the case.

History

KEY: public utilities, telecommunications, rules and procedures
Date of Last Change: 1988
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 54-7-12(5)(6)

Utah Admin. Code R746-344-2 Applicability

The completion of the schedules approved by the Commission shall fulfill the requirement to provide necessary information to support proposed rate changes for telephone utilities with less than 5,000 subscriber access lines as set forth in Sections 54-7-12(7). The completed approved schedules shall be received by the Commission at least 30 days in advance of the proposed effective date of the rate changes.

History

KEY: public utilities, telecommunications, rules and procedures
Date of Last Change: 1988
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 54-7-12(5)(6)

Utah Admin. Code R746-344-3 Hearing Process

A. The Commission may, upon its own motion or upon complaint, set the case for hearing. If the case is set for hearing, the applicant may resubmit the schedules contained in the filing requirements as its primary exhibits. The Commission may require written direct testimony.

History

KEY: public utilities, telecommunications, rules and procedures
Date of Last Change: 1988
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 54-7-12(5)(6)

Utah Admin. Code R746-344-4 Selection of a Test Year

The applicant must base its rate change application on twelve months of data called a test year. The proposed test year can be historical, forecasted, or a combination of historical and forecasted months, not to exceed twelve months of forecasted data from the date the application is first received by the Commission.

History

KEY: public utilities, telecommunications, rules and procedures
Date of Last Change: 1988
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 54-7-12(5)(6)

Utah Admin. Code R746-344-5 Forecasted Data

A. The applicant shall provide the Commission with one copy of assumptions and the supporting work papers used to develop forecasted data. The applicant may be required by the Commission to provide updated actual data as it becomes available or to recalculate the forecasted data using justifiable alternative assumptions. An applicant which utilizes forecasted data for the test year, shall use an average rate base and capital structure to calculate the revenue deficiency.

B. The applicant may limit the change to known and measurable changes from the Federal Communications Commission's or state policies, if the revenue change is only required because of changes in those policies.

History

KEY: public utilities, telecommunications, rules and procedures
Date of Last Change: 1988
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 54-7-12(5)(6)

Utah Admin. Code R746-344-6 Toll Revenues

The applicant shall provide the Commission with a copy of the work papers and methodology used to develop the toll revenues included in the case.

History

KEY: public utilities, telecommunications, rules and procedures
Date of Last Change: 1988
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 54-7-12(5)(6)

Utah Admin. Code R746-344-7 Audited Financial Statements

If the applicant is audited by an independent certified public accounting firm, the applicant shall provide the Commission with one copy of the most recent audited financial statements, management letters and opinions prepared by that firm.

History

KEY: public utilities, telecommunications, rules and procedures
Date of Last Change: 1988
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 54-7-12(5)(6)

Utah Admin. Code R746-344-8 Assistance Service

Approved schedules will be self-explanatory. The applicant may contact the Division of Public Utilities for assistance if it does not understand the rate-making process for the schedules. A letter requesting assistance should be sent to:

Manager, Telecommunications Section

Division of Public Utilities

160 East 300 South Street

P.O. Box 45802

Salt Lake City, Utah 84145

History

KEY: public utilities, telecommunications, rules and procedures
Date of Last Change: 1988
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 54-7-12(5)(6)

R746-345 Pole Attachments

Utah Admin. Code R746-345-1 Authorization

A. Authorization of Rules -- Consistent with the Pole Attachment Act, 47 U.S.C. 224(c), and 54-3-1,54-4-1, and 54- 4-13, the Public Service Commission shall have the power to regulate the rates, terms and conditions by which a public utility, as defined in 54-2-1 including telephone corporations as defined in 54-2-2, can permit attachments to its poles by an attaching entity.

B. Application of Rules -- These rules shall apply to each public utility that permits pole attachments to utility's poles by an attaching entity.

Although specifically excluded from regulation by the Commission in 54-2-1, solely for the purpose of any pole attachment, these rules apply to any wireless provider.
Pursuant to these rules, a public utility must allow any attaching entity nondiscriminatory access to utility poles at rates, terms and conditions that are just and reasonable.

C. Application of Rate Methodology -- The rate methodology described in Section R746-345-5 shall be used to determine rates that a public utility may charge an attaching entity to attach to its poles for compensation.

History

KEY: public utilities, rules and procedures, telecommunications, telephone utility regulation
Date of Last Change: August 29, 2006
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-13

Utah Admin. Code R746-345-2 General Definitions

A. "Attaching Entity" -- A public utility, wireless provider, cable television company, communications company, or other entity that provides information or telecommunications services that attaches to a pole owned or controlled by a public utility.

B. "Attachment Space" -- The amount of usable space on a pole occupied by a pole attachment as provided for in Subsection R746-345-5(B)(3)(d).

C. "Distribution Pole" -- A utility pole, excluding towers, used by a pole owner to support mainly overhead distribution wires or cables.

D. "Make-Ready Work" -- The changes to be made to a pole owner's poles, its own pole attachments, the existing pole attachments of other attaching entities, or the existing additional equipment associated with such attachments, which changes may be needed to accommodate a proposed additional pole attachment. Such make-ready work is coordinated by the pole owner and is performed by the owners of the poles or owners of the pole attachments and additional equipment or as otherwise agreed to by these owners.

E. "Pole Attachment" -- All equipment, and the devices used to attach the equipment, of an attaching entity within that attaching entity's allocated attachment space. A new or existing service wire drop pole attachment that is attached to the same pole as an existing attachment of the attaching entity is considered a component of the existing attachment for purposes of this rule. Additional equipment that is placed within an attaching entity's existing attachment space, and equipment placed in the unuseable space which is used in conjunction with the attachments, is not an additional pole attachment for rental rate purposes. All equipment and devices shall meet applicable code and contractual requirements. Pole attachments do not include items used for decorations, signage, barriers, lighting, sports equipment, or cameras.

F. "Pole Owner"-- A public utility having ownership or control of poles used, in whole or in part, for any electric or telecommunications services.

G. "Secondary Pole" -- A pole used solely to provide service wire drops, the aerial wires or cables connecting to a customer premise.

H. "Secondary Pole Attachment" -- A pole attachment to a secondary pole.

I. "Wireless Provider" -- A corporation, partnership, or firm that provides cellular, Personal Communications Systems (PCS), or other commercial mobile radio service as defined in 47 U.S.C. 332 that has been issued a covering license by the Federal Communications Commission.

History

KEY: public utilities, rules and procedures, telecommunications, telephone utility regulation
Date of Last Change: August 29, 2006
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-13

Utah Admin. Code R746-345-3 Tariffs and Contracts

A. Tariff Filings and Standard Contracts -- A pole owner shall submit a tariff and standard contract, or a Statement of Generally Available Terms (SGAT), specifying the rates, terms and conditions for any pole attachment, to the Commission for approval.

A pole owner must petition the Commission for any changes or modifications to the rates, terms, or conditions of its tariff, standard contract or SGAT. A petition for change or modification must include a showing why the rate, term or condition is no longer just and reasonable. A change in rates, terms or conditions of an approved tariff, standard contract or SGAT will not become effective unless and until it has been approved by the Commission.
The tariff, standard contract or SGAT shall identify all rates, fees, and charges applicable to any pole attachment. The tariff, standard contract, and SGAT shall also include:

a. a description of the permitting process, the inspection process, the joint audit process, including shared scheduling and costs, and any non-recurring fee or charge applicable thereto;

b. emergency access provisions; and

c. any back rent recovery or unauthorized pole attachment fee and any applicable procedures for determining the liability of an attaching entity to pay back rent or any non-recurring fee or charge applicable thereto.

B. Establishing the Pole Attachment Relationship -- The pole attachment relationship shall be established when the pole owner and the attaching entity have executed the approved standard contract, or SGAT, or other Commission-approved contract.

Exception -- The pole owner and attaching entity may voluntarily negotiate an alternative contract incorporating some, all, or none of the terms of the standard contract or SGAT. The parties shall submit the negotiated contract to the Commission for approval. In situations in which the pole owner and attaching entity are unable to agree following good faith negotiations, the pole owner or attaching entity may petition the Commission for resolution as provided in Section R746-345-6. Pending resolution by the Commission, the parties shall use the standard contract or SGAT.

C. Make-Ready Work, Timeline and Cost Methodology -- As a part of the application process, the pole owner shall provide the applicant with an estimate of the cost of the make-ready work required and the expected time to complete the make- ready work as provided for in this sub-section. All applications by a potential attacher within a given calendar month shall be counted as a single application for the purposes of calculating the response time to complete the make-ready estimate for the pole owner. The due date for a response to all applications within the calendar month shall be calculated from the date of the last application during that month. As an alternative to all of the time periods allowed for construction below, a pole owner may provide the applicant with an estimated time by which the work could be completed that is different than the standard time periods contained in this rule with an explanation for the anticipated delay. Pole owners must provide this alternative estimate within the estimate timelines provided below. Applicants that wish to consider self-building shall inform the pole owner at the time of application that they are considering the self-build option, if available, and they would like a two-alternative make-ready bid. The pole owner and each existing attaching entity are responsible to determine what portion, if any, of the make-ready work their facilities require which may be performed through a self-build option and what conditions, if any, are associated with such self-build option. In the first alternative, the pole owner and attaching entities would be responsible for all necessary make-ready work. For the second alternative, the pole owner and attaching entities will identify what make-ready work they will perform, if any, with an associated cost estimate, and also identify what make-ready work, if any, the owner is agreeable to have performed through a self-build option and the conditions, if any, for such self-build option.

For applications up to 20 poles, the pole owner shall respond with either an approval or a rejection within 45 days. At the same time as an approval is given, a completed make-ready estimate must be provided to the applicant explaining what make-ready work must be done, the cost of that work, and the time by which the work would be finished, that is no later than 120 days from receiving an initial deposit payment for the make-ready work.
For applications that represent greater than 20 poles, but equal to or less than .5% of the pole owner's poles in Utah, or 300 poles, whichever is lower, the time for the pole owner's approval and make-ready estimate shall be extended to 60 days, and the time for construction will remain at a maximum of 120 days.
For applications that represent greater than the number of poles calculated in section 3(2)(C)(2) above, but equal to or less than 5% of the pole owner's poles in Utah, or 3,000 poles, whichever is lower, the time for the approval and make-ready estimate shall be extended to 90 days, and the time for construction will be extended to 180 days.
For applications that represent greater than 5% of the pole owner's poles in Utah, or 3,000 poles, whichever is lower, the times for the above activities will be negotiated in good faith. The pole owner shall, within 20 days of the application, inform the applicant of the date by which the pole owner will have the make-ready estimate and make-ready construction time lines prepared for the applicant. If the applicant believes the pole owner is not acting in good faith, it may appeal to the Commission to either resolve the issue of when the make-ready estimate and construction period information should be delivered or to arbitrate the negotiations.
If the pole owner rejects any application, the pole owner must state the specific reasons for doing so. Applicants may appeal to the Commission if they do not agree that the pole owner's stated reasons are sufficient grounds for rejection.
For all approved applications, the applicant will either accept or reject the make-ready estimate. If it accepts the make-ready estimate and make-ready construction time line, the work must be done on schedule and for the estimated make- ready amount, or less, and the applicant will be billed for actual charges up to the bid amount.
Applicants must pay 50% of the make-ready estimate in advance of construction, and pay the remainder in two subsequent installment payments: an additional 25 percent payment when half of the work is done and the balance after the work is completed. Applicants may elect to pay the entire amount up front.
An applicant may, at its own discretion, exercise any of the self-build options given for the required make-ready work subject to the conditions made.
An applicant may reject a make-ready estimate if it wishes to contest, before the Commission, that the make-ready estimate or make-ready construction time line is not prepared in good-faith, or is unreasonable or not in the public interest.

D. Pole Attachment Placement -- All new copper cable attachments shall be placed at the lowest level permitted by applicable safety codes. In cases where an existing copper attachment has been placed in a location higher than the minimum height the safety codes require, the pole owner shall determine if the proposed attachment may be safely attached either above or below the existing copper attachment taking account of midspan clearances and potential crossovers. If these attachment locations, above or below the copper cable, comply with the applicable safety code, the attacher may attach to the pole without paying to move the copper cable. The owner of the copper cable may elect to pay the costs of having the cable moved to the lowest position as part of the attachment process, or it may elect to move the cable themselves prior to the attaching entity's attachment. If the copper cable must be moved in order for the attacher to be able to safely make its attachment, the attacher shall pay the costs associated with moving the existing copper cable.

History

KEY: public utilities, rules and procedures, telecommunications, telephone utility regulation
Date of Last Change: August 29, 2006
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-13

Utah Admin. Code R746-345-4 Pole Labeling

A. Pole Labeling -- A pole owner must label poles to indicate ownership. A pole owner shall label any new pole installed, after the effective date of this rule, immediately upon installation. Poles installed prior to the effective date of this rule, shall be labeled at the time of routine maintenance, normal replacement, change-out, or relocation, and whenever practicable. Labels shall be based on a good faith assertion of ownership.

B. Pole Attachment Labeling -- An attaching entity must label its pole attachments to indicate ownership. Pole attachment labels may not be placed in a manner that could be interpreted to indicate an ownership of the utility pole. An attaching entity shall label any new pole attachment installed, after the effective date of this rule, immediately upon installation. Pole Attachments installed prior to the effective date of this rule shall be labeled at the time of routine maintenance, normal replacement, rearrangement, rebuilding, or reconstruction, and whenever practicable.

C. Exception -- Electrical power pole attachments do not need to be labeled.

History

KEY: public utilities, rules and procedures, telecommunications, telephone utility regulation
Date of Last Change: August 29, 2006
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-13

Utah Admin. Code R746-345-5 Rental Rate Formula and Method

A. Rate Formula -- Any rate based on the rate formula in this Subsection shall be considered just and reasonable unless determined otherwise by the Commission. A pole attachment rental rate shall be based on publicly filed data and must conform to the Federal Communications Commission's rules and regulations governing pole attachments, except as modified by this Section. A pole attachment rental rate shall be calculated and charged as an annual per attachment rental rate for each attachment space used by an attaching entity. The following formula and presumptions shall be used to establish pole attachment rates:

Formula:

Rate per attachment space = (Space Used x (1/Usable Space) x Cost of Bare Pole x Carrying Charge Rate)

Definitions:

a. "Carrying Charge Rate" means the percentage of a pole owner's depreciation expense, administrative and general expenses, maintenance expenses, taxes, rate of return, pro-rated annualized costs for pole audits or other expenses that are attributable to the pole owner's investment and management of poles.

b. "Cost of Bare Pole" can be defined as either "net cost" or "gross cost." "Gross cost" means the original investment, purchase price, of poles and fixtures, excluding crossarms and appurtenances, divided by the number of poles represented in the investment amount. "Net cost" means the original investment, purchase price, of poles and fixtures, excluding crossarms and appurtenances, less depreciation reserve and deferred federal income taxes associated with the pole investment, divided by the number of poles represented in the investment amount. A pole owner may use gross cost only when its net cost is a negative balance. If using the net or gross cost results in an unfair or unreasonable outcome, a pole owner or attaching entity can seek relief from the Commission under R746-345-5 C.

c. "Unusable Space" means the space on a utility pole below the usable space including the amount required to set the depth of the pole.

d. "Usable Space" means the space on a utility pole above the minimum grade level to the top of the pole, which includes the space occupied by the pole owner.

Rebuttable presumptions:

a. Average pole height equals 37.5 feet.

b. Usable space per pole equals 13.5 feet.

c. Unusable space per pole equals 24 feet.

d. Space used by an attaching entity:

(i) An electric pole attachment equals 7.5 feet;

(ii) A telecommunications pole attachment equals 1.0 foot;

(iii) A cable television pole attachment equals 1.0 foot; and

(iv) An electric, cable, or telecommunications secondary pole attachment equals 1.0 foot.

(v) A wireless provider's pole attachment equals not less than 1.0 foot and shall be determined by the amount of space on the pole that is rendered unusable for other uses, as a result of the attachment or the associated equipment. The space used by a wireless provider may be established as an average and included in the pole owner's tariff and standard contract, or SGAT, pursuant to Section R746-345-3 of this Rule.

e. The space used by a wireless provider:

(i) may not include any of the length of a vertically placed cable, wire, conduit, antenna, or other facility unless the vertically placed cable, wire, conduit, antenna, or other facility prevents another attaching entity from placing a pole attachment in the usable space of the pole;

(ii) may not exceed the average pole height established in Subsection R746-345-5(A)(3)(a).

(iii) In situations in which the pole owner and wireless provider are unable to agree, following good faith negotiations, on the space used by the wireless provider as determined in Subsection R746-345-5(A)(3)(d)(v), the pole owner or wireless provider may petition the Commission to determine the footage of space used by the wireless provider as provided in Subsection R746-345-3(C).

f. The Commission shall recalculate the rental rate only when it deems necessary. Pole owners or attaching entities may petition the Commission to reexamine the rental rate.

A pole owner may not assess a fee or charge in addition to an annual pole attachment rental rate, including any non-recurring fee or charge described in Subsection R746-345-3(A)(2), for any cost included in the calculation of its annual pole attachment rental rate.

B. Commission Relief -- A pole owner or attaching entity may petition the Commission to review a pole attachment rental rate, rate formula, or rebuttable presumption as provided for in this rule. The petition must include a factual showing that a rental rate, rate formula or rebuttable presumption is unjust, unreasonable or otherwise inconsistent with the public interest.

History

KEY: public utilities, rules and procedures, telecommunications, telephone utility regulation
Date of Last Change: August 29, 2006
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-13

Utah Admin. Code R746-345-6 Dispute Resolution

A. Mediation -- Except as otherwise precluded by law, a resolution of any dispute concerning any pole attachment agreement, negotiation, permit, audit, or billing may be pursued through mediation while reserving to the parties all rights to an adjudicative process before the Commission.

The parties may file their action with the Commission and request leave to pursue mediation any time before a hearing.
The choice of mediator and the apportionment of costs shall be determined by agreement of the parties. However, the parties may jointly request a mediator from the Commission or the Division of Public Utilities.
A party need not pay the portion of a bill that is disputed if it has started a dispute proceeding within 60 days of the due date of the disputed amount. The party shall notify the Commission if the dispute process is not before the Commission.

B. Settlement -- If the parties reach a mediated agreement or settlement, they will prepare and sign a written agreement and submit it to the Commission. Unless the agreement or settlement is contrary to law and this rule, R746-345, the Commission will approve the agreement or settlement and dismiss or cancel proceedings concerning the matters settled.

If the agreement or settlement does not resolve all of the issues, the parties shall prepare a stipulation that identifies the issues resolved and the issues that remain in dispute.
If any issues remain unresolved, the matter will be scheduled for a hearing before the Commission.

History

KEY: public utilities, rules and procedures, telecommunications, telephone utility regulation
Date of Last Change: August 29, 2006
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-13

R746-346 Operator-Assisted Services

Utah Admin. Code R746-346-1 General Provisions

A. Authorization -- Section 54-8b-13 requires that the Commission establish rules for operator-assisted services.

B. Title -- These rules shall be known and may be cited as Operator-Assisted Service Rules.

C. Scope and Applicability -- These rules are intended to assure that the specific requirements of 54-8b-13(1)(a)-(d) are placed into effect.

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

Utah Admin. Code R746-346-2 General Definitions

The following words and terms shall have the following meaning in this section, unless the context clearly indicates otherwise:

A. "Aggregator" -- A person that:

is not a telecommunications corporation;
in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider;
receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider.

B. "Automatic Number Identification" -- The ability to automatically identify the originating telephone number from the local switching system.

C. "Call Splashing" -- Call transferring, whether caller requested or operator service provider initiated, that results in a call being rated or billed from a site different from the one from which the call originated.

D. Call Transferring" -- Processing of a call from one operator service provider to another operator service provider.

E. "End User Choice" -- The ability to route operator-assisted calls to the billed party's chosen operator service provider and telecommunication carrier.

F. "Operator-Assisted Service" -- Services which assist callers in placing or charging a telephone call, either through live intervention or automated intervention.

G. "Operator Service Provider" -- A person who provides, for a fee to a caller, operator-assisted services.

K. "Originating Line Screening" -- A two-digit code passed by the local switching system, with the automatic number identification, at the beginning of a call that provides information about the originating line.

L. "Redirect the Call" -- A procedure used by operator service providers that transmits a signal back to the originating telephone instrument and causes the instrument to disconnect the operator service provider's connection and to redial the digits, originally dialed by the caller, directly to the local exchange carrier's network.

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

Utah Admin. Code R746-346-3 Information to be Provided at the Telephone Set

A. Notice -- A contract between an operator service provider and a call aggregator for the provision of operator service to public telephones shall require the call aggregator to attach to or prominently display near each public telephone a notice that provides:

the name, address and toll-free number of the operator service provider;
instructions for accessing the operator service provider;
when technically feasible, instructions for accessing any other operator service provider operating in the relevant geographical area;
instructions for accessing the public safety emergency telephone numbers for the jurisdiction where aggregator's telephone service is geographically located;

B. Correctional Facility Telephones -- The requirements of section R746-346-3(A)(3) and (4) shall not apply to telephones located in the secured inmate areas of correctional facilities.

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

Utah Admin. Code R746-346-4 Requirements before Call is Completed

The provider of operator services shall:

A. identify itself to the customer upon answering calls;

B. identify itself to the billed party if the billed party is different from the caller;

C. quote rate information at the caller's request, without charge, 24 hours a day, seven days a week;

D. permit the caller to terminate the call at no charge prior to completion of the call by the operator service provider.

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

Utah Admin. Code R746-346-5 Uncompleted Call

A. Billing -- No operator service provider shall charge for uncompleted calls.

B. Determination -- If the operator service provider cannot determine with certainty that a call was completed, it shall provide a full credit for a call of one minute or less upon being informed by a customer that the call was not completed.

C. Includes -- An uncompleted call includes calls terminating to an intercept recording live intercept operator, a busy tone, or unanswered calls.

D. Does Not Include -- An uncompleted call does not include calls using busy line interrupt, line status verification, or directory assistance services.

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

Utah Admin. Code R746-346-6 911 Calls, "0-" Calls, and End-User Choice

A. "911" Calls -- A contract between an operator service provider and a call aggregator for the provision of operator services using public telephones shall require that "911" calls to be connected directly to the public emergency agency serving the geographic location from which the call was made without charge.

B. "0-" Calls -- When end-user choice is not available the contract between an operator service provider and a call aggregator for the provision of operator services through public telephones shall require the operator service provider to directly route "0-" calls to the local exchange carrier operator without charge to the calling party, unless the operator service provider provides direct access to emergency service providers. In providing access to emergency service providers, the operator service provider shall:

identify the originating telephone number and the location of the originating telephone, except that local exchange carriers shall be allowed to identify the location using internal sources such as repair service or business office records if the internal sources are accessible to operators for emergency purposes 24 hours a day;
have a complete and current list of emergency service provider telephone numbers for each telephone prefix served, including police or sheriff, fire, and ambulance;
be available 24 hours a day, seven days a week, without charge;
promptly connect the caller to the public emergency agency serving the geographic locality from which the call is made;
stay on the line until the operator determines that the caller is connected to the proper emergency agency;

C. Correctional Facilities -- The requirements of R746-346-6 shall not apply to telephones located in secured inmate areas of correctional facilities.

D. Initial Routing -- Nothing in this section shall require the initial routing of "0-" calls from public or semi-public, shared pay phone, telephones owned by the local exchange carrier to an operator service provider other than the local exchange carrier itself.

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

Utah Admin. Code R746-346-7 Customer Complaints

A. Toll-Free Number -- The operator service provider shall have a toll-free telephone number that callers may use from 8 a.m. to 5 p.m., Monday through Friday to make complaints and inquiries.

B. Process -- Upon complaint to the operator service provider by a customer either at its office, by letter, or by telephone, the operator service provider may attempt to resolve the complaint, but if it is unwilling or unable to do so shall advise the complainant of the Commission's complaint process and give the complainant the address and telephone number of the Compliance and Complaint Section of the Division. If appropriate, the operator service provider shall also give the customer the Commission's telephone device for the deaf number.

C. Investigation -- The operator service provider shall make an investigation of complaints forwarded from the Commission on behalf of a customer. The operator service provider shall formally advise the Commission of the results of the investigation within ten days after the complaint is forwarded by the Commission.

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

Utah Admin. Code R746-346-8 Caller Access

A. Contract -- A contract between an operator service provider and a call aggregator for the provision of operator services through public telephones shall require that the caller have access to the local exchange carrier operator servicing the exchange from which the call is made and to other telecommunication utilities, unless otherwise provided in R746-346-8(C).

B. Conditions -- The access required by this section shall be subject to the following conditions:

Caller access to the local exchange carrier operator shall be accomplished either:

a. by directly routing all "0-" calls to the local exchange carrier operator without charge to the caller; or

b. by transfer or redirection of the call by the operator service provider, without charge to the caller so that the local exchange carrier operator receives all signaling information, for example automatic number identification and originating line screening, that would have been received by the local exchange operator if the call had been directly routed to the local exchange carrier. The operator service provider shall be in compliance with the requirements of R746-346-6(B).

Caller access to interexchange carriers by "950-XXXX" and "1-800" numbers shall not be blocked.
Caller access to interexchange carriers by "10XXX+0," whether "10XXX+0+" or "10XXX+0," dialing shall not be blocked if the end office serving the originating line has originating line screening capability. A nonpresubscribed interexchange carrier shall not bill the call aggregator or the presubscribed interexchange carrier for local or toll messages originated at the call aggregator's facility by use of "10XXX+0," whether "10XXX+0+" or "10XXX+0-," dialing if the call aggregator:

a. has subscribed to the necessary local exchange company outgoing call screening feature to ensure that appropriate originating line screening is transmitted with each call; and

b. has provided 30 days notice to the interexchange carrier that originating screening is available.

C. Waiver -- Application for waiver of the above caller access requirements may be filed with the Commission by the call aggregator or the operator service provider to prevent fraudulent use of telephone services or for other good cause. If the application for waiver pertains to technical limitations of equipment, the equipment shall be clearly identified in the application, including the manufacturer and the model. The application shall indicate the date of purchase of the equipment by the call aggregator, the extent to which equipment is available to allow the access requirements to be met, the associated costs, and the time requirements associated with equipment modifications.

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

Utah Admin. Code R746-346-9 Call Splashing

No operator service provider shall transfer a call to another operator service provider unless that transfer is accomplished at, and billed from, the call's place of origin. If the transfer is not technically possible, the operator service provider shall inform the caller that the call cannot be transferred as requested and that the caller should hang up and attempt to reach another operator service provider through means provided by that other operator service provider.

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

Utah Admin. Code R746-346-10 Enforcement

The Commission or the Division shall investigate any complaint against an aggregator, operator service provider, interexchange carrier, or local exchange carrier alleged to have violated these rules. The alleged violator shall be given an opportunity to informally resolve complaints involving violation of these rules. If no resolution is achieved informally, the Commission or the Division may, upon its own motion or upon request of the original complainant, formally investigate the complaint and, upon proper notice, evidentiary hearing, and determination that a violation has occurred or is about to occur, may take action as it deems justified pursuant to 54-8b-13(3).

History

KEY: public utilities, telecommunications, telephone utility regulation
Date of Last Change: 1991
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-8b-13

R746-347 Extended Area Service (EAS)

Utah Admin. Code R746-347-1 Purpose and Authority

A. Authorization -- This rule is adopted under authority of Sections 54-3-3 and 54-8b-11.

B. Title -- This rule shall be known and may be cited as the "EAS Rule."

C. Scope and Applicability -- This rule shall supersede all criteria and procedures for establishment and restructuring of EAS previously in effect. This rules applies to the establishment or restructuring of EAS or expanded EAS by incumbent telephone corporations. Provisions of this rule requiring provision of information to the Division of Public Utilities or the Commission apply to all providers of public telecommunications services.

History

KEY: extended area service, public utilities, telecommunications
Date of Last Change: June 30, 2003
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-3; 54-8b-11

Utah Admin. Code R746-347-2 Definitions

A. "Extended Area Service" (EAS) -- A local exchange public telecommunications service that enlarges the toll-free calling area to include two or more local exchange areas for which pre-EAS calls incurred long distance charges. A larger local calling area may result in an increase in the separately itemized EAS rate that local exchange carriers charge for local telephone service.

B. "Local Calling Area" -- An area encompassing one or more local exchange areas between which public telecommunication services are furnished by the local exchange carrier in accordance with its local exchange service tariffs, without message telephone service or toll charges.

C. "Local Exchange Area" -- A geographic area used by a local exchange carrier to furnish and administer telecommunication services in accordance with its local exchange service tariffs. It may consist of one or more contiguous central offices serving areas as further defined in R746-340-1.

D. "Committee" -- Committee of Consumer Services

E. "Division" -- Division of Public Utilities

History

KEY: extended area service, public utilities, telecommunications
Date of Last Change: June 30, 2003
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-3; 54-8b-11

Utah Admin. Code R746-347-3 Petitioning Process

A. Establishment of EAS -- The establishment of new or expanded EAS may be initiated by the Commission, by a petition requesting the establishment of new or expanded EAS signed by the residential customers of an incumbent telephone corporation in a local exchange area, or a petition from the incumbent telephone corporation.

B. Residential Petition -- The residential petition shall contain signatures from customers of record of the petitioning exchange, but only one signature per account, meeting the following applicable criteria:

In a petitioning local exchange area in which the incumbent telephone corporation has fewer then 500 residential access lines, the petition must be signed by 55 percent of the residential customers of record of the incumbent telephone corporation.
In a petitioning local exchange area in which the incumbent telephone corporation has more than 500 but fewer than 1,500 residential access lines, the petition must be signed by customers representing the greater of 275 or 30 percent of the total number of residential customers of record of the incumbent telephone corporation.
In a local exchange area in which the incumbent telephone corporation has more then 1,500 residential access lines, the petition must be signed by customers representing 30 percent of the total number of residential customers of record of the incumbent telephone corporation.

C. Petition Form -- The petition form must state that the signatory is willing to pay an estimated price for EAS to be determined as provided in R746-347-4 which may be within or above the range of current EAS prices of the incumbent telephone corporation. The current range of EAS prices of the incumbent telephone corporation shall be clearly set forth on each sheet of the petition.

D. Petition Signatures -- Signatures on the petition shall include the full name of the customer of record in addition to the billed party telephone number.

E. Petition Distribution -- The petition shall be filed with the Commission. Copies of the petition shall be served upon the Division, Committee and the incumbent telephone corporation. If the petition requests establishment of new or expanded EAS between areas served by two or more incumbent telephone corporations, a copy of the petition shall be served on each incumbent telephone corporation.

History

KEY: extended area service, public utilities, telecommunications
Date of Last Change: June 30, 2003
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-3; 54-8b-11

Utah Admin. Code R746-347-4 Cost-Based Pricing

A. Cost-Based Study -- If the threshold criteria specified in R746-347-3 are clearly met, the Commission shall direct the incumbent telephone corporations to conduct a study determining cost-based prices of providing EAS to the petitioned route. The study shall determine a precise cost-based EAS rate for both the petitioning and non-petitioning exchanges. These prices shall be used in the survey conducted pursuant to R746-347-5.

B. Costing and Pricing Methodology -- The incumbent carrier shall comply with a uniform EAS costing and pricing methodology for EAS rate development, which shall be jointly defined by the local exchange carrier, the Division and the Committee. The EAS costing and pricing methodology shall comport in all material respects with Total Service Long Run Incremental Cost, as required by Subsections 54-8b-2(13) and 54-8b-3.3.

C. Route-Specific Assumptions -- EAS cost studies shall reflect route-specific assumptions of demand and direct costs attributable to facilities investment and operating expenses.

D. Lost Toll Revenue -- Calculation of the incremental EAS price attributable to expansion of a local calling area may not include as a cost element any estimate of lost toll revenue.

E. Stimulation Factor -- The engineered cost of trunk and circuit facilities converted from toll to local calling may include a specified stimulation factor to reflect carriage of larger traffic volumes resulting from the substitution of flat-rated EAS for usage-sensitive toll rates. In deriving the stimulation factor, consideration shall be given estimated toll traffic provided by the local exchange carriers, foreign exchange lines, and toll resellers.

F. Filing of Study -- The local exchange carrier shall conduct the route-specific EAS cost and pricing analysis and shall file the study promptly upon completion.

History

KEY: extended area service, public utilities, telecommunications
Date of Last Change: June 30, 2003
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-3; 54-8b-11

Utah Admin. Code R746-347-5 Customer Survey for New or Expanded EAS

A. When to Conduct Survey -- Upon approval by the Commission of the proposed prices pursuant to Section R746- 347-4, a survey shall be conducted of residential telephone subscribers of the incumbent telephone corporation in each petitioning and each non-petitioning local exchange area proposed to be included in the new or expanded EAS. The Division, Committee and involved incumbent telephone corporations shall arrange to conduct a poll within the affected local exchange areas.

B. Who to Survey -- A statistical sample of residential subscribers, sized to produce a final result with at least a ten percent level of significance with a plus or minus five percent margin of error shall be surveyed.

C. Public Interest -- The Commission will presume that the proposed EAS is in the public interest if:

the survey results indicate that at least 67 percent of the customers of the incumbent telephone corporation in each petitioning local exchange area desire EAS at the price represented in the survey questionnaire, and
the survey results further show that at least 30 percent of customers of the incumbent telephone corporation in each non-petitioning local exchange area desire EAS at the price represented in the survey questionnaire.

D. Minimum Monthly Increase -- Notwithstanding R746-347-5-C.2, if the cost study results show that the EAS rate increase in the non-petitioning exchange represents less than a 3.5 percent monthly increase in the local exchange carriers tariff for a basic dial-tone line and local usage, then the residential customer survey need not be conducted in the non-petitioning local exchange area. The Commission will presume that the proposed EAS is in the public interest if 67 percent of the customers in the petitioning local exchange areas desire EAS at the price represented in the survey questionnaire.

E. When Customers Pay Entire Cost of EAS -- If the customer survey indicates that the criterion for R746-347-5.C.2 has not been met, the customers of the petitioning exchange area(s) may pay the entire cost of establishing the EAS route(s). In this instance, the Commission will presume that the proposed EAS is in the public interest if the survey results indicate that 67 percent of the customers of the incumbent telephone corporation in each petitioning local exchange areas desire EAS at a price representing the petitioning exchange area(s) paying the entire cost of the proposed EAS.

History

KEY: extended area service, public utilities, telecommunications
Date of Last Change: June 30, 2003
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-3; 54-8b-11

Utah Admin. Code R746-347-6 Approval of EAS

If the criteria of R746-347-3 through R746-347-5 of this Rule are satisfied, the Commission may issue an order approving the establishment of EAS between the petitioning and non-petitioning exchanges at the prices approved by the Commission under R746-347-5. Such EAS shall be mandatory for all customers of the incumbent telephone corporation in each petitioning and non-petitioning exchange unless otherwise ordered by the commission.

History

KEY: extended area service, public utilities, telecommunications
Date of Last Change: June 30, 2003
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-3; 54-8b-11

Utah Admin. Code R746-347-7 Restructuring of Existing EAS

Each incumbent telephone corporation providing EAS pursuant to tariff may petition the Commission for approval of a restructuring of EAS to simplify EAS prices or to reduce the number of EAS areas. The petition shall be served upon the Division and Committee. The petition shall be handled in accordance with the Commission?s rules of procedure for other petitions. The Commission may grant or deny the petition in the public interest.

History

KEY: extended area service, public utilities, telecommunications
Date of Last Change: June 30, 2003
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-3; 54-8b-11

Utah Admin. Code R746-347-8 Information from Telecommunications Service Providers and Resellers

The Division may conduct discovery or otherwise obtain information from telecommunication service providers and resellers reasonably related to the consideration of an EAS petition, including, but not limited to traffic between petitioning and non-petitioning exchanges or areas carried by the telecommunications service providers or resellers. Information provided to the Division shall be deemed to be confidential and shall be used only for purposes of this Rule and for no other purpose.

History

KEY: extended area service, public utilities, telecommunications
Date of Last Change: June 30, 2003
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-3; 54-8b-11

R746-348 Interconnection

Utah Admin. Code R746-348-1 Applicability

These rules apply to each certified telecommunications corporation that provides local exchange service in Utah.

History

KEY: interconnection, network interconnection, telecommunications, telephone utility regulation
Date of Last Change: April 13, 2004
Notice of Continuation: December 8, 2021
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-8; 54-4-12; 54-8b-2

Utah Admin. Code R746-348-2 Definitions

A. The meaning of terms used in these rules shall be consistent with their general usage in the telecommunications industry unless specifically defined in Section 54-8b-2 or these rules. As used in these rules, unless context states otherwise, the following definitions shall apply:

"Collocation" --

a. Physical collocation is an offering by an incumbent local exchange carrier that enables a requesting telecommunications corporation to:

i. place its own equipment to be used for interconnection or access to unbundled network elements within or upon an incumbent local exchange carrier's premises;

ii. use the equipment to interconnect with an incumbent local exchange carrier's network facilities for the transmission and routing of telephone exchange service, exchange access service, or both, or to gain access to an incumbent local exchange carrier's unbundled network elements for the provision of a telecommunications service;

iii. enter those premises, subject to reasonable terms and conditions, to install, maintain and repair equipment necessary for interconnection or access to unbundled elements; and

iv. obtain reasonable amounts of space in an incumbent local exchange carrier's premises, for the equipment necessary for interconnection or access to unbundled elements, allocated on a first-come, first-served basis entrants who are ready and able to use the entire space they receive within a reasonable time.

b. Virtual collocation is an offering by an incumbent local exchange carrier that enables a requesting telecommunications corporation to:

i. Designate or specify equipment to be used for interconnection or access to unbundled network elements to be located within or upon an incumbent local exchange carrier's premises, and dedicated to that telecommunications carrier's use;

ii. use that equipment to interconnect with an incumbent local exchange carrier's network facilities for the transmission and routing of telephone exchange service, exchange access service, or both, or for access to an incumbent local exchange carrier's unbundled network elements for the provision of a telecommunications service; and

iii. Electronically monitor and control its communications channels terminating in that equipm ent.

"Common Transport Links" -- means shared transmission facilities between two switching systems where traffic originating with or terminating to multiple telecommunication service providers is comingled. These facilities normally exist between end offices and a tandem switch.
"Dedicated Transport Links" -- means transmission facilities between two switching systems where traffic originates with or terminates to the same or another public telecommunications service provider.
"Incumbent Local Exchange Carrier" -- means the local exchange carrier that on February 8, 1996, provided telephone exchange service in a defined geographic service territory, and on that date was a member of the Exchange Carrier Association pursuant to 47 CFR 69.601(b), or is a person that became a successor or assign of a member of the Exchange Carrier Association.
"Interconnection" -- means the linking of two networks for the mutual exchange of traffic. It does not include the transport and termination of traffic.
"Local Number Portability" -- means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without unreasonable impairment of quality, reliability, or convenience when switching from one telecommunications corporation to another.
"Loop Concentration" -- means the function performed by electronic equipment that provides for the multiplexing or demultiplexing of a quantity of loops into a different number of digital or optical communication channels that connect to another network element.
"Loop Distribution" -- means transmission facilities from the termination of the feeder or loop concentration facility to the customer's network interface.
"Loop Feeder" -- means transmission facilities between a central office and the distribution cable or a loop concentration facility.
"Network Elements" -- means the features, functions, and capabilities of network facilities and equipment used to transmit, route, bill or otherwise provide public telecommunications services.
"Network Interface Device" -- means the cross connect device used to connect loop facilities to intra-premises cabling or inside wiring.
"Operator Systems" -- means systems used to provide live or mechanized operator functions to assist end users with call completion, call assistance, and directory assistance.
"Operational Support" -- means the processing of local exchange customer service and repair orders, and the electronic exchange of billing, customer account, service provisioning and service administration data among local exchange service providers.
"Premises" -- shall carry the same definition as prescribed in 47 CFR 51.5.
"Service Control Point" -- means a database in the signaling network where queries for call processing instructions are directed.
"Signaling Links" -- means transmission facilities in a signaling network which carry any out-of-band signaling channels from and between the various elements of a signaling network.
"Signal Transfer Point" -- means a packet switch that acts as a routing hub for a signaling network and transfers messages between various points in and among signaling networks.
"Switch" -- means a facility required to connect lines or trunks to a communications transmission path.
"Tandem Switch" -- means a facility that connects trunks to trunks in order to complete inter-switch calls.
"Unbundling" means the disaggregation of facilities and functions into multiple network elements and services that can be individually purchased by a competing public telecommunications service provider.

History

KEY: interconnection, network interconnection, telecommunications, telephone utility regulation
Date of Last Change: April 13, 2004
Notice of Continuation: December 8, 2021
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-8; 54-4-12; 54-8b-2

Utah Admin. Code R746-348-3 Terms and Conditions of Facilities Interconnection

A. Points of Interconnection -- Incumbent local exchange carriers shall allow any other public telecommunication service provider to interconnect its network at any technically feasible point, to provide transmission and routing of public telecommunication services.

A local exchange service provider requesting interconnection with an incumbent local exchange carrier shall identify a desired point of interconnection.

B. Joint Facilities Construction and Use -- In furtherance of efficient interconnection contemplated by Sections 54-4-8 and 54- 4-12, public telecommunication service providers may jointly construct interconnection facilities and apportion the cost and expense between any joint users of the facility.

The incumbent local exchange carrier and the requesting local exchange service provider shall negotiate meet points for interconnection. Each party shall be responsible for the costs of constructing its facilities to the meet point, and neither party may impose a meet point that would require that one party incur significantly greater construction costs to build to the meet point than the other party.

C. Types of Line Connection -- The requesting local exchange provider shall choose either DS-3, DS-1, or DS-0 connections or other technically feasible interconnection interfaces and protocols including loops conditioned to provide digital subscriber line services.

D. Collocation Rate Elements -- Physical and virtual collocation shall be offered under terms and conditions that are just, reasonable, and nondiscriminatory.

History

KEY: interconnection, network interconnection, telecommunications, telephone utility regulation
Date of Last Change: April 13, 2004
Notice of Continuation: December 8, 2021
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-8; 54-4-12; 54-8b-2

Utah Admin. Code R746-348-4 Reciprocity

A. Compliance -- Interconnection of the facilities of public telecommunications service providers shall be fully reciprocal, shall not be unreasonably delayed or withheld and shall fully comply with Subsection 54-8b-2.2(1)(b) and 47 USC Sections 224, 251, 252, 256 and Subsection 271(c).

B. Written Acknowledgment -- Each local exchange service provider shall provide written acknowledgment, within five business days, of receipt of a written request by another local exchange service provider for interconnection facilities and services.

C. Time Limit -- Incumbent local exchange carriers and other terminating local exchange service providers shall provide interconnection facilities and services within 60 days following receipt of a written request unless the Commission extends t he time.

History

KEY: interconnection, network interconnection, telecommunications, telephone utility regulation
Date of Last Change: April 13, 2004
Notice of Continuation: December 8, 2021
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-8; 54-4-12; 54-8b-2

Utah Admin. Code R746-348-5 Construction and Maintenance

A. Responsibility -- Each local exchange service provider shall be responsible for construction and maintenance of facilities on its side of the point of interconnection, unless two or more providers mutually agree to another arrangement.

B. Standards -- Each local exchange service provider shall construct and maintain its facilities at the point of interconnection in accordance with accepted engineering standards and practices in the exchange carrier industry.

Each terminating provider will make available to each originating provider any documents and technical references issued by industry standards bodies or equipment manufacturers which define the engineering specifications necessary for the originating provider's equipment to interface with the terminating provider's essential interconnection facilities.
No local exchange service provider shall construct or maintain facilities on its side of the point of interconnection in a manner contrary to 47 USC Section 256, or in a manner that is lower in quality than that which it provides itself, its affiliates, or another local exchange service provider.

History

KEY: interconnection, network interconnection, telecommunications, telephone utility regulation
Date of Last Change: April 13, 2004
Notice of Continuation: December 8, 2021
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-8; 54-4-12; 54-8b-2

Utah Admin. Code R746-348-6 Ancillary Features and Functions

A. Compliance -- Incumbent local exchange carriers shall make available to other local exchange service providers the following network features and functions pursuant to 47 USC Section 251 and Subsection 54-8b-2.2.

Access to signaling protocols and elements of signaling protocols used to route local and interexchange traffic, including access to signaling links, signal transfer points, and service control points through the incumbent local exchange carrier's signal transfer point.
Answer and disconnect supervision as well as the information necessary for customer billing.

a. Telecommunications corporations shall protect customer proprietary network information in compliance with 47 USC Section 222 and applicable federal and state rules.

b. Telecommunications corporations shall enter into billing and collection agreements to permit exchange of telephone line number information, use of non-proprietary calling cards, and collect billing of third-party calls to a number served by another provider.

Local exchange service providers shall provide the capability for operators on interconnected networks to perform functions such as completing collect calls, third party calls, busy line verification calls, and busy line interrupt.
Local exchange service providers shall develop and implement repair service referral procedures to direct trouble reports to the correct provider.
Pursuant to contract or tariff, each local exchange service provider shall offer electronic interfaces to operational support systems to enable other certified local exchange service providers to provide service quality equal to that required by the Commission for incumbent local exchange carriers. These contracts or tariffs shall be approved by the Commission and available for public review.
Local exchange service providers shall provide nondiscriminatory access to subscriber information, such as that contained in published "White Pages" telephone directories.

a. Customers of local exchange service providers shall receive directories as part of basic local exchange service.

b. An incumbent local exchange service provider, or its affiliate, shall make available to a new local exchange service provider adequate space in the Customer Guide pages of the directory to allow a new local exchange service provider to provide its customers and prospective customers with information reasonably similar to that provided by an incumbent local exchange service provider for its customers.

B. Emergency Call Networks -- Each local exchange service provider will cooperate to insure the seamless operation of emergency call networks, including 911, E-911 and 0- calls.

Incumbent local exchange carriers will permit other local exchange service providers to interconnect at its E-911 tandem so that each local exchange service provider's customers may place calls to public safety answering points by dialing 911.
Local exchange service providers shall not charge each other for any service, activity or facility associated with provision of 911 or E-911 services other than call transport and termination charges.

History

KEY: interconnection, network interconnection, telecommunications, telephone utility regulation
Date of Last Change: April 13, 2004
Notice of Continuation: December 8, 2021
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-8; 54-4-12; 54-8b-2

Utah Admin. Code R746-348-7 Essential Facilities and Services

A. Designation -- At a minimum, the following are considered to be essential facilities or services pursuant to 54-8b-2. 2.:

Unbundled local loops including 2-wire, 4-wire and digital subscriber line facilities;
Loop concentration, loop distribution and loop feeder facilities;
Network interface devices;
Switching capability including line-side facilities, trunk-side facilit ies and tandem facilities;
911 and E911 emergency call networks;
Access to numbering resources;
Local telephone number portability;
Inter-office transmission facilities;
Signaling networks and call-related databases including signaling links, signaling transfer points and databases used for billing and collection, and transmission and routing of public telecommunications s ervices;
Operations support systems used to pre-order, order, provision, maintain and repair unbundled network elements, or services purchased for resale from an incumbent local exchange carrier by another telecommunications corporation;
Billing functions;
Operator services and directory assistance;
Physical and virtual collocation and,
Intra-premises cabling and inside wiring owned or controlled by an incumbent local exchange carrier.

B. Determination of Essential Nature -- A telecommunications corporation may request any essential network facility or service from another telecommunications corporation and that telecommunications corporation shall timely provide the network facility or service in accordance R746-348-4 unless it demonstrates that providing that facility or service is technically infeasible.

A person may petition the Commission for a finding that a facility or service is essential or should no longer be deemed essential.

History

KEY: interconnection, network interconnection, telecommunications, telephone utility regulation
Date of Last Change: April 13, 2004
Notice of Continuation: December 8, 2021
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-8; 54-4-12; 54-8b-2

R746-349 Competitive Entry and Reporting Requirements

Utah Admin. Code R746-349-1 Applicability

These rules shall be applicable to each telecommunications corporation applying to be a provider of local exchange services or other public telecommunications services in the service territory of an incumbent telephone corporation.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

Utah Admin. Code R746-349-2 Definitions

As used in this rule:

(1) "CLEC" stands for competitive local exchange carrier and means a public telecommunications service provider that did not hold a certificate to provide public telecommunications service as of May 1, 1995.

(2) "COLR" means carrier of last resort.

(3) "Division" means the Division of Public Utilities.

(4) "GAAP" means generally accepted accounting principles.

(5) "ILEC" stands for incumbent local exchange carrier and means an incumbent telephone corporation which held a certificate to provide public telecommunications service as of May 1, 1995.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

Utah Admin. Code R746-349-3 Filing Requirements

(1) In addition to any other requirements of the Commission or of Title 63G, Chapter 4, Administrative Procedures Act, and pursuant to Section 54-8b-2.1, each applicant for a certificate, as defined in Section 54-8b-2(4), shall file, in addition to its application:

(a)(i) testimony and exhibits in support of the company's technical, financial, and managerial abilities to provide the telecommunications services applied for and a showing that the granting of a certificate is in the public interest; and

(ii) informational requirements made elsewhere in Section R746-349-3 can be included in testimony and exhibits;

(b)(i) proof of a bond in the amount of $100,000;

(ii) this bond is to provide security for customer deposits or other liabilities to telecommunications customers of the telecommunications corporation or liabilities to the Utah Public Telecommunications Service Support Fund, Section 54-8b-15, or the Hearing and Speech Impaired Fund, Section 54-8b-10; and

(iii) an applicant may request a waiver of Subsection R746-349-3(1)(b) from the Commission if it can show that adequate provisions exist to protect customer deposits or other customer and state fund liabilities;

(c) a statement as to whether the telecommunications corporation intends to construct its own facilities or acquire use of facilities from other than the ILEC, or whether it intends to resell an ILEC's and other telecommunications corporation's services;

(d) a statement regarding the services to be offered including:

(i) which classes of customer the applicant intends to serve;

(ii) the locations where the applicant intends to provide service; and

(iii) the types of services to be offered;

(e) a statement explaining how the applicant will provide access to ordinary intralata and interlata message toll calling, operator services, directory assistance, directory listings, and emergency services such as 911 and E911;

(f) an implementation schedule pursuant to 47 U.S.C. 252(c)(3) of the Telecommunications Act of 1996 which shall include the date local exchange service for residential and business customers will begin;

(g) summaries of the professional experience and education of each managerial personnel who will have responsibilities for the applicant's proposed Utah operations;

(h) an organization chart listing each of the applicant's employees currently working or that plan to be working in or for Utah operations and their job titles;

(i) a chart of accounts that includes account numbers, names, and brief descriptions;

(j) financial statements that include at least:

(i) the most recent balance sheet, income statement and cash flow statement, and any accompanying notes, prepared according to GAAP;

(ii) a letter from management attesting to their accuracy, integrity, and objectivity, and that the statements were prepared in accordance with GAAP;

(iii) if the applicant is a start-up company, a balance sheet following the principles in Subsection R746-349-3(1)(j) must be filed; and

(iv) if the applicant is a subsidiary of another corporation, financial statements following the principles in Subsection R746-349-3(1)(j) must also be filed for the parent corporation;

(k) financial statements to demonstrate sufficient financial ability of the applicant that must show at the least:

(i) positive net worth for the applicant;

(ii) sufficient projected and verifiable cash flow to meet cash needs as shown in a five-year projection of expected operations; and

(iii) proof of bond as specified in Subsection R746-349-3(1)(b);

(l) a five-year projection of expected operations including the following:

(i) pro forma income statements and pro forma cash flow statements;

(ii) when applicable, a technical description of the types of technology to be deployed in Utah including types of switches and transmission facilities; and

(iii) when applicable, detailed maps of proposed locations of facilities including a description of the specific facilities and services to be deployed at each location;

(m) an implementation schedule pursuant to 47 U.S.C. 252(c)(3) of the Telecommunications Act of 1996 which shall include the date local exchange service for residential and business customers will begin;

(n) evidence of sufficient managerial and technical ability to provide the public telecommunications services contemplated by the application must be demonstrated by a showing of at least the following:

(i) proof of certification in other jurisdictions and that service is currently being offered in other jurisdictions by the applicant; or

(ii) the corporation has had at least two years of recent experience in providing public telecommunications services related to the type of services the CLEC intends to provide;

(o) a statement as to why entry by the applicant is in the public interest;

(p) proof of authority to conduct business in Utah;

(q) a statement regarding complaints or investigations of unauthorized switching, otherwise known as slamming, or other illegal activities of the applicant or any of its affiliates in any jurisdiction that should include the following:

(i) sanctions imposed against the applicant for any of these activities;

(ii) copies of any written documents related to these complaints, investigations, or sanctions, including: orders or other materials from the FCC or state commissions, any courts, or other government bodies, and any complaint letters or other documents from any non-government entities or persons; and

(iii) the applicant's responses to any of these issues; and

(r) a statement about the applicant's written policies regarding the solicitation of new customers and a description of efforts made by the applicant to prevent unauthorized switching of Utah local service by the applicant, its employees, or its agents.

(2) Additional questions relating to the technical, financial, and managerial capabilities of the applicant and public interest issues may be submitted by the Division or other parties in accordance with Section R746-1-501, Discovery.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

Utah Admin. Code R746-349-4 Reporting Requirements

(1) When a telecommunications corporation files a request for negotiation with another telecommunications corporation for interconnection, unbundling, or resale, the requesting telecommunications corporation shall file a copy of the request with the Commission.

(2) Each certificated telecommunications corporation shall file an updated chart of accounts by March 31 of each year.

(3) Each certificated telecommunications corporation with facilities located in Utah shall maintain network route maps that include each of the areas where the corporation is providing or offering to provide service in Utah. These maps will, at the least, include central office locations, types of switches, hub locations, ring configurations, and facility routes, accompanied by detailed written explanations. These route maps will be provided to the Division or the Commission upon request.

(4) Each certificated telecommunications corporation shall file a map with the Division that identifies the areas within the state where the telecommunications corporation is offering service. The map should separately identify areas being served primarily through resale and by facilities owned by the carrier. This map shall be updated within ten days after changes to the service territory occur. The map shall be made available for public inspection.

(5) At least five days before offering any public telecommunications service through pricing flexibility, under Section 54-8b-2.3, a telecommunications corporation shall file with the Commission its proposed price list or if ordered by the Commission, the prices, terms, and conditions of a competitive contract. Each filing may be made electronically, shall be made available to the public through the Division, and shall be in compliance with Subsection 54-8b-2.3(3).

(6) The certificated CLEC shall file an annual report with the Division on or before March 31 for the preceding year, unless the CLEC requests and gets an extension from the Commission. The annual report shall contain the following information, unless specific forms are provided by the Division:

(a) annual revenues from operations attributable to Utah by major service categories;

(b) that information would be provided on a "Total Utah" and "Utah Intrastate" basis as follows:

(i) "Total Utah" will consist of the total of interstate and intrastate revenues; and

(ii) "Utah Intrastate" will reflect only revenues derived from intrastate tariffs, price lists, or contracts; and

(c) both Total Utah and Utah Intrastate revenues shall be reported according to at least the following classes of service:

(i) private line and special access;

(ii) business local exchange;

(iii) residential local exchange;

(iv) measured interexchange;

(v) vertical services; and

(vi) business local exchange, residential local exchange, and vertical service revenue will be reported by geographic area, to the extent feasible;

(d) annual expenses and estimated taxes attributed to operations in Utah;

(e)(i) year-end balances by account for property, plant, equipment, annual depreciation, and accumulated depreciation for telecommunications investment in Utah; and

(ii) the actual depreciation rates which were applied in developing the annual and accumulated depreciation figures shall also be shown;

(f) financial statements prepared in accordance with GAAP that shall, at the least, include an income statement, balance sheet, and statement of cash flows and include a letter from management attesting to their accuracy, integrity, and objectivity and that the statements follow GAAP;

(g)(i) list of services offered to customers and the geographic areas in which those services are offered; and

(ii) this list shall be current and shall be updated when a new service is offered or a new area is served;

(h) number of access lines in service by geographic area, segregated between business and residential customers;

(i) number of messages and minutes of services for measured services billed to end users;

(j) list of officers and responsible contact personnel updated annually; and

(k)(i) a report of gross revenue on a form supplied by the Division; and

(ii) this report shall be used in calculating the Public Utility Regulatory Fee owed by the CLEC.

(7) The annual report and the report of gross revenue filed by a CLEC may be considered protected documents under Title 63G, Chapter 2, the Government Records Access and Management Act, if the CLEC complies with the requirements of that act.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

Utah Admin. Code R746-349-5 Change of Service Provider

(1) Each request for termination of local exchange or intrastate toll service from an existing telecommunications corporation and subsequent transfer to a new telecommunications corporation must be in compliance with 47 CFR 64.1150, incorporated by reference.

(2) A telecommunications corporation will be held liable for both the unauthorized termination of a customer's service with an existing telecommunications corporation and the subsequent unauthorized transfer to the telecommunications corporation's own service. Telecommunications corporations are responsible for unauthorized service terminations and transfers resulting from the actions of their agents. A telecommunications corporation that engages in the unauthorized activity shall restore the customer's service to the original telecommunications corporation without charge to the customer. Customer charges during the unauthorized period shall be the lesser of the charges charged by the original telecommunications corporation or the unauthorized telecommunications corporation. Violators may be punished pursuant to Sections 54-7-25 through 54-7-28. The telecommunications corporation responsible for the unauthorized transfer shall reimburse the customer or the original telecommunications corporation for reestablishing service to the customer at the applicable tariff, price list, or contract rate of the original telecommunications corporation.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

Utah Admin. Code R746-349-6 CLEC and ILEC Subject to Pricing Flexibility Exemptions

(1) Unless otherwise ordered by the Commission either in the CLEC's certificate proceeding or in a proceeding initiated by an ILEC, the Commission, or other party, a CLEC or ILEC subject to pricing flexibility pursuant to Section 54-8b-2.3 is exempt from the following statutes and rules. Any other rules of the Commission and any other duties of a telecommunications corporation not specifically exempted by these rules or by a Commission order apply to a CLEC or ILEC subject to pricing flexibility pursuant to Section 54-8b-2.3. Any powers of the Commission not specifically altered by these rules apply to a CLEC or ILEC subject to pricing flexibility pursuant to Section 54-8b-2.3.

(a) exemptions from Title 54, Public Utilities:

Sections 54-3-8 and 54-3-19 -- Prohibitions of discrimination

Section 54-7-12 -- Rate increases or decreases

Section 54-4-21 -- Establishment of property values

Section 54-4-24 -- Depreciation rates

Section 54-4-26 -- Approval of expenditures; and

(b) exemptions from Commission rules:

Subsection R746-340-2(D) -- Uniform System of Accounts (47 CFR 32)

Subsection R746-340-2(E)(1) -- Tariff filings required

Subsection R746-340-2(E)(2) -- Exchange maps

Section R746-344 -- Rate case filing requirements

Section R746-401 -- Reporting of construction, acquisition, and disposition of assets

Section R746-405 -- Tariff formats

Section R746-600 -- Accounting for post-retirement benefits.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

Utah Admin. Code R746-349-7 Informal Adjudication of Certain CLEC Merger and Acquisition Transactions

(1)(a) A CLEC may get approval of a transaction subject to Section 54-4-28, merger, consolidation or combination; Section 54-4-29, acquiring voting stock or securities; and Section 54-4-30, acquiring properties, in the following manner; and

(b) these adjudicative proceedings are designated as informal adjudicative proceedings pursuant to Section 63G-4-203 unless converted to formal adjudicative proceedings.

(2) The CLEC shall submit an application which includes:

(a) identification that it is not an ILEC;

(b) identification that it seeks approval of the application pursuant to Section R746-349;

(d) a copy of any filings required by the Federal Communications Commission or any other state utility regulatory agency in connection with the transaction; and

(e) copies of any notices, correspondence, or orders from any federal agency or any other state utility regulatory agency reviewing the transaction which is the subject of the application.

(3) Upon receipt of the CLEC's application, the Commission will issue a public notice stating that the application has been filed, that any interested party may submit comments on the application within 14 days following public notice, and may submit reply comments within 21 days following public notice, and provide notice of the date and time for a hearing on the application which shall be scheduled to occur within 30 days following the issuance of the public notice.

(4) If no objection to the proposed transaction is submitted in any filed comments or reply comments, the Commission will presume that approval of the transaction is in the public interest and use the information contained in the application and accompanying documents as evidence to support a Commission order.

(5) The Commission may convert the proceeding on an application into a formal adjudicative proceeding based upon an objection made in comments or reply comments, evidence submitted, or other reasonable basis, which may include failure of the transaction to qualify for streamlined treatment from a federal agency, or its own motion, and may continue the hearing on the application as needed.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

Utah Admin. Code R746-349-8 CLEC's Obligations with Respect to Provision of Services

(1) The CLEC agrees to provide service within specified geographic areas upon reasonable request and subject to the following conditions:

(a) the CLEC's obligation to furnish service to customers depends on the availability of suitable facilities on its network at company-designated locations as identified in its annual network route map filing;

(b) the CLEC will only be responsible for the installation, operation, and maintenance of services that it provides;

(c) the CLEC will furnish service if it can get, keep, and maintain suitable access rights and facilities, without unreasonable expense, and to provide for the installation of those facilities required incident to the furnishing and maintenance of that service;

(d)(i) at its option, the CLEC may require payment of construction or line-extension charges by the customer ordering telephone service; and

(ii) those charges will be in addition to the normal rates and charges applicable to the service being provided;

(e) when potential customers are so located that it is necessary or desirable to use private or government right-of-way to furnish service, those potential customers may be required, at the CLEC's option, to provide or pay the cost of providing the right-of-way in addition to any other charges; and

(f) any construction of facilities will be undertaken at the discretion of the CLEC, consistent with budgetary responsibilities and consideration for the impact on the CLEC's other customers and contractual responsibilities.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

Utah Admin. Code R746-349-9 Pricing Flexibility Revocation, Conditions, or Restrictions

(1) The Commission may initiate or any interested person may request agency action for the Commission to initiate, a proceeding to revoke or impose conditions or restrictions on a telecommunications corporation's pricing flexibility as authorized by Subsection 54-8b-2.3(8).

(2) A request to initiate any proceeding pursuant to Section R746-349-9 shall:

(a) identify the telecommunications corporation and the public telecommunications service whose pricing flexibility the requesting person believes may be subject to revocation or imposition of conditions or restrictions;

(b) the basis for the belief; and

(3) A request to initiate a proceeding shall be served upon the telecommunications corporation the requesting person has identified in the request, the Division, and the Committee.

(4) The telecommunications corporation against whom the request is directed and any other interested person may respond to the request in accordance with the Commission's procedural rules and standard practices.

(5)(a) if a proceeding is initiated, an interested person may request to review confidential information retained by the Commission or the Division that is reasonably related to any potential grounds for revocation, conditioning, or restriction under Subsection 54-8b-2.3(8);

(b) the person shall certify that it seeks to review that confidential information solely to determine whether a sufficient factual basis exists to and that the confidential information will not be used for any other purpose or disclosed to any person who may be able to use the confidential information in business decisions to any person's competitive advantage; and

(i) shall require the requesting person to execute an appropriate non-disclosure agreement;

(ii) shall notify any telecommunications corporation whose company-specific information would be disclosed of the request at least 14 calendar days before the planned date for disclosing the information; and

(iii)(A) shall not disclose the company-specific information of any telecommunications corporation that objects to disclosure of its confidential information, if the telecommunications corporation files with the Commission or Division and serves upon other parties an objection to the disclosure of the confidential information within ten calendar days after receiving the notice required by Subsection R746-349-9(5)(c)(ii); and

(B) the Commission shall conduct a hearing at which the telecommunications corporation whose confidential information may be disclosed is given the opportunity to present its objections or request terms and conditions for disclosure and during which other parties may respond to the telecommunications corporation whose confidential information is sought to be disclosed.

(6) In any proceeding conducted, the Commission will enter an appropriate protective order to ensure protection for confidential, proprietary, and competitively sensitive information that has been or is provided to the Commission, the Division, the Committee, or another party to the proceeding.

(7) Nothing in this rule limits the ability of any person or the Commission to raise or address any issue in any other proceeding or as permitted by law.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

Utah Admin. Code R746-349-10 Competitive Entry into an Area Eligible for Universal Public Telecommunications Service Support Fund Requirements

(1) Applications for competitive entry to any area eligible for Universal Public Telecommunications Service Support Fund (UUSF) pursuant to Section 54-8b-2.1 and consistent with Section 54-8b-15 shall comply with Section R746-349-10.

(2) In addition to the requirements set forth in Section R746-349-3, each applicant for a certificate as a COLR in a certificated area eligible for support from the UUSF shall include in its application:

(a) a statement identifying the exchanges where the applicant is planning to serve;

(b) a statement confirming that the applicant intends to provide public telecommunications services to any customer or class of customer who requests service within each exchange;

(i) the services to be offered by the applicant;

(ii) the technology to be installed by the applicant; and

(iii) performance metrics of the offered services including projected upload and download speed, latency, capacity, and any other applicable measures;

(d) a pro forma detailed build-out plan for serving as the COLR in the local exchanges that identifies, with particularity:

(i) the areas where facilities will be installed including a detailed map;

(ii) projected costs;

(iii) projected revenue; and

(iv) an overall timeline for completion of the build-out that includes a beginning date, completion date, and relevant major milestone dates; and

(e) an estimate of the required UUSF support using the relevant tabs of the current Utah Division of Public Utilities' Incumbent Local Exchange Carrier Annual Report form, found on the Division's website.

(3)(a) Notice provided to the existing telecommunications corporation holding a certificate to provide public telecommunications service within the geographic area where the applicant is seeking to provide service, the existing COLR, made pursuant to Subsection 54-8b-2.1(3)(b) shall include a copy of the application; and

(b) the application provided to the existing COLR with the initial notice may be redacted pursuant to Sections R746-1- 601 through R746-1-606, but it shall include at least:

(i) a detailed map identifying areas within each exchange served by the existing COLR where the applicant's facilities will be installed;

(ii) the services provided by the applicant;

(iii) the technology to be installed by the applicant;

(iv) performance metrics of the offered services including projected upload and download speed, latency, capacity, and any other applicable measures;

(v) the projected timeline for the build-out that includes a beginning date, completion date, and relevant major milestone dates; and

(vi) projected UUSF support.

(4) Claims of confidentiality with respect to the application and any additional information to be provided pursuant to Subsections R746-349-10(2), R746-349-10(3), and R746-349-10(5), will be addressed consistent with Sections R746-1-601 through R746-1-606.

(5) The existing COLR:

(a) pursuant to Subsection 54-8b-2.1(3)(b), shall be granted automatic status as an intervenor in the proceeding addressing the application of competitive entry; and

(b) may challenge the applicant's application with the Commission on the following grounds:

(i) the information provided by the applicant is flawed or otherwise insufficient to justify competitive entry;

(ii) affordable high quality public telecommunications service is available in the relevant service areas and the applicant's proposed service offering is unlikely to materially improve the service quality or affordability for customers;

(iii) the existing COLR has a reasonable build-out plan that will result in the investment in more efficient development, more timely deployment, or both, of telecommunications infrastructure and facilities in the proposed local exchange that are superior to the investments proposed by the applicant; or

(iv) granting the application is otherwise not in the public interest.

(6) If an existing COLR seeks to challenge the application on the grounds that it has a competing plan pursuant to Subsection R746-349-10(5)(b)(iii), 90 days after the filing of the application unless otherwise modified by the Commission, the existing COLR shall submit a filing with the Commission which contains the information required by Subsection R746-349- 10(2), including information required by Section R746-349-3, and provide notice to the applicant that includes the information required by Subsection R746-349-10(3).

(7) Other interested persons may seek intervention pursuant to Commission rules to challenge an application on the grounds that the application is not in the public interest.

(8) In determining whether granting the application is in the public interest, and whether the proposed expenditures are reasonable, the Commission shall consider the following factors:

(a) whether the proposed infrastructure duplicates current telecommunications infrastructure in the proposed service area;

(b) the current service quality in the proposed service area;

(d) any other factor the Commission considers appropriate.

(9) If the Commission grants the applicant competitive entry in a certificated area eligible for support from the UUSF:

(a) the Commission shall, except as otherwise provided in Section R746-349-10:

(i) approve the build-out plan of the applicant as contained in the application, as may be amended by the applicant, or agreed to by the parties, including a finding of total projected costs, initial milestones, and reporting requirements;

(ii) include a provision that, subject to Subsections R746-349-10(9)(b) and R746-349-10(9)(c), the applicant will reasonably adhere to the approved build-out plan and shall be entitled to recovery of the costs reasonably incurred in completion of the build-out plan as determined by the Commission pursuant to Section 54-8b-15;

(iii) provide that the existing COLR, to the extent that it remains a rate of return regulated utility, shall continue to be eligible for ongoing UUSF support on existing used and useful rate base consistent with Section 54-8b-15 and Section R746-8- 401;

(iv) provide that the existing COLR will not be entitled to recover capital expenditures for facilities that duplicate any portion of the approved build-out plan of the applicant without a showing of good cause and a specific finding by the Commission that the existing COLR's proposed expenditures are cost effective and reasonable costs for UUSF support. If the existing COLR is not permitted to upgrade facilities pursuant to Subsection R746-349-10(9), service to the customer who receives a reasonably comparable quality of service from the other COLR will be provided at the customer's request pursuant to a line extension tariff as set forth in Subsection R746-349-10(13); and

(v) provide that the applicant will not be entitled to recover capital expenditures for facilities not approved as part of the order that duplicate existing facilities without a showing of good cause and a specific finding by the Commission that the applicant's proposed expenditures are cost effective and reasonable costs for UUSF support;

(b) if a person reasonably believes that the applicant is materially departing from the approved build-out plan, that person may file a request for agency action with the Commission pursuant to Section 54-7-9; and

(c) notwithstanding Section R746-349-10, the Commission may conduct a hearing to disallow any of the costs incurred by the applicant associated with an approved build-out plan upon a finding by the Commission that the applicant is responsible for intentional underbidding, material misrepresentation, or concealment associated with the competitive entry process.

(10) In a proceeding where an existing COLR challenges an application for competitive entry with an alternative build- out plan, pursuant to Subsection R746-349-10(5)(b)(iii), the existing COLR shall petition the Commission for pre-approval of proposed expenditures in the local exchanges.

(a) If the Commission denies competitive entry, the Commission shall:

(i) approve the alternative build-out plan of the existing COLR, including a finding of total projected costs, initial milestones, and reporting requirements;

(ii) require the existing COLR to proceed with its alternative build-out plan; and

(iii) include a provision that, subject to Subsections R746-349-10(10)(b) and R746-349-10(10)(c), the existing COLR will reasonably adhere to the approved build-out plan and shall be entitled to recovery of the costs reasonably incurred in completion of the build-out plan as determined by the Commission pursuant to Section 54-8b-15;

(b) if a person reasonably believes that the existing COLR is materially departing from the approved build-out plan, that person may file a request for agency action with the Commission pursuant to Section 54-7-9; and

(c) notwithstanding Section R746-349-10, the Commission may disallow any of the costs incurred by the existing COLR associated with an approved build-out plan upon a finding by the Commission that the existing COLR is responsible for intentional underbidding, material misrepresentation, or concealment associated with the competitive entry process.

(11) The Commission in its order on the application may:

(a) establish additional reporting requirements for the applicant or existing COLR; and

(b) schedule a final review of the applicant's or existing COLR's build-out or capital projects to ensure the approved plan was implemented prudently.

(12) In a local exchange where the Commission has granted competitive entry to more than one COLR, any COLR may petition the Commission for relief from its COLR obligations in a competitive local exchange pursuant to Section 54-8b-3.

(13) In local exchanges served by two or more COLRs, the COLRs shall be required to implement line extension tariffs to prevent the UUSF from supporting duplicative infrastructure.

(a) To achieve this objective, the COLR's line extension tariffs shall include language that ensures that a customer who has access to functionally equivalent public telecommunications service at a reasonably comparable quality of service from another provider, but who seeks service from a COLR not currently serving the customer, the non-serving COLR, may request service from the non-serving COLR; and

(b) if service is requested from the non-serving COLR, the non-serving COLR's obligation to provide the service shall be subject to the non-serving COLR's line extension tariff.

History

KEY: essential facilities, imputation, public utilities, telecommunications, UUSF, carrier of last resort, competitive entry
Date of Last Change: November 21, 2022
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-7-25 through 28; 54-8b-2; 54-8b-3.3; 63G-4; 54-8b-2.1; 54-8b-15

R746-350 Application to Discontinue Telecommunications Service

Utah Admin. Code R746-350-1 Purpose and Authority

A. Authorization -- Section 54-4-1 provides that the Public Service Commission shall have the power to regulate utilities and to supervise their business operations. Section 54-3-1 requires that the terms and conditions of the provision of service be just and reasonable.

B. Purpose -- This rule is intended to address situations where a telecommunications corporation has determined to stop providing Basic Telecommunications Service to subscribed customers in a Utah service area. The rule will provide subscribed customers an opportunity to migrate their service to an alternative service or a different provider prior to the Exiting Provider's discontinuance of the subscribed service. No telecommunications corporation may discontinue the provision of Basic Telecommunications Service to existing customers in a service area, or portions thereof, without first complying with this rule or receiving an exemption from the Commission.

History

KEY: exiting provider, replacement provider, telecommunications, services
Date of Last Change: January 15, 2004
Notice of Continuation: November 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-3-1

Utah Admin. Code R746-350-2 Definitions

Terms -- The meaning of the terms used in this rule shall be consistent with their general usage in the telecommunications industry, Title 54 of the Utah Code or as defined below:

A. "Basic Telecommunications Service" means the telecommunications services defined as Basic Telecommunications Service in Rule 746-360-2.C.

B. "Commission" means the Public Service Commission of Utah.

C. "Division" means the Division of Public Utilities.

D. "Exiting Provider" means a telecommunications corporation that seeks to stop or eliminate providing Basic Telecommunications Service to subscribed customers in a service area, or portion thereof, located in Utah. It does not include a telecommunications corporation that discontinues telecommunications service as a result of the customer's request or pursuant to the provisions of other rules or orders of the Commission. It does not include a temporary change in the provision of service that may arise from maintenance, repair or failure of a telecommunications corporation's equipment or facilities.

E. "Intended Date of Discontinuance" means the date upon which an Exiting Provider intends to discontinue providing Basic Telecommunications Service pursuant to this rule.

F. "Replacement Provider" means a telecommunications corporation that undertakes providing Basic Telecommunications Service to customers of the Exiting Provider after the Exiting Provider is permitted to discontinue service.

History

KEY: exiting provider, replacement provider, telecommunications, services
Date of Last Change: January 15, 2004
Notice of Continuation: November 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-3-1

Utah Admin. Code R746-350-3 Application and Notice

A. Application -- Unless subject to R746-350-4.E for exclusive facilities, an Exiting Provider shall file an application with the Commission and the notices identified hereafter not less than 50 days prior to the Intended Date of Discontinuance.

B. Notices -- An Exiting Provider shall provide written notice to the following:

the Division;
subscribed customers that will be affected by the discontinuance of service;
telecommunications corporations providing the Exiting Provider with resold telecommunications services, essential facilities or services, or unbundled network elements (UNEs), if they are part of or used to provide Basic Telecommunications Service to the Exiting Provider's affected customers; and
the national number administrator, when applicable, authorizing the release of all unassigned telephone numbers unless the Exiting Provider establishes a need to retain the telephone numbers.

History

KEY: exiting provider, replacement provider, telecommunications, services
Date of Last Change: January 15, 2004
Notice of Continuation: November 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-3-1

Utah Admin. Code R746-350-4 Application and Notice Contents

A. Application -- The application to the Commission required by R746-350-3.A must include:

applicant's name, complete mailing address, including street, city, state, and zip code, telephone number, e-mail address, and the names under which the applicant is providing telecommunications service in Utah;
name, mailing address, telephone number and e-mail address of a person or persons, designated by the Exiting Provider, to contact for questions about the application;
identification of the associated service territory, or portion thereof, proposed for discontinuance;
the Intended Date of Discontinuance, which shall not be sooner than 50 days after the date on which the Exiting Provider files the application with the Commission;
acknowledgment that by signing the application, the applicant and its successors understand and agree that:

a. filing of the application does not, by itself, constitute authority to discontinue any service;

b. discontinuance shall occur as ordered by the Commission; and

c. the Exiting Provider shall assist in the porting of any assigned telephone numbers to a Replacement Provider.

an affidavit signed by an officer or principal of the Exiting Provider attesting under penalty of perjury that the contents of the application are true, accurate, and correct; and
a copy of the notices required in this rule.

B. Notice to the Division -- The notice to the Division required in R746-350-3.B.1 shall be a copy of the application submitted to the Commission.

C. Notice to Customers -- The notice to customers required in R746-350-3.B.2 must, at a minimum, include:

the Intended Date of Discontinuance on which Basic Telecommunications Service is planned to be discontinued; and
information on how to contact the Exiting Provider by telephone in order to obtain information such as how customers may receive a refund on any unused service or how to contact regulatory agencies to obtain information on possible replacement providers. The Exiting Provider shall continue to provide refund information, via a customer service number, for 60 days after the date of discontinuance of service;

D. Notice to Other Companies -- The notice to other companies required in R746-350-3.B.3 must, at a minimum, include:

the Intended Date of Discontinuance of Basic Telecommunications Service; and
telephone contact information to enable other companies to obtain additional information regarding the discontinuance of service.
Until chosen as the Replacement Provider, telecommunications corporations receiving notices under R746-350- 3.B.3 may not use information contained in the notices to initiate marketing efforts unless the information is first made available to other telecommunications corporations for their marketing efforts.

E. Earlier Notice for Exclusive Facilities -- Notwithstanding the requirements set forth in R746-350-3.A and R746- 350-4.A.4, if an Exiting Provider has ownership or control of the only facilities readily available to provide Basic Telecommunications Service to customers so that another telecommunications corporation would either need to acquire control of those facilities or install its own facilities in order to serve the customers of the Exiting Provider, then the following shall be required:

The Exiting Provider shall provide notice to the Commission, the Division and to telecommunications corporations identified in the Commission's list of certificated telecommunications companies at least 120 days prior to its Intended Date of Discontinuance. The notice shall grant other telecommunications corporations 40 days to respond indicating any interest in obtaining the facilities and their transfer.
The Exiting Provider shall file its application to discontinue service with the Commission at least 75 days prior to the Intended Date of Discontinuance.
The Commission shall determine the timing of any further proceedings, including the timing of further notices.

F. Notice to the National Number Administrator -- Unless the Exiting Provider has established a need to retain the telephone numbers, the notice required in R746-350-3.B.4 shall include identification of all telephone numbers assigned to customers, identification of all unassigned or administrative numbers available for reassignment to other providers and the date the unassigned telephone numbers will be available for reassignment.

History

KEY: exiting provider, replacement provider, telecommunications, services
Date of Last Change: January 15, 2004
Notice of Continuation: November 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-3-1

Utah Admin. Code R746-350-5 Commission Proceedings upon Application to Discontinue Service

A. Proceeding -- The Commission will act upon an application to discontinue service within the time period ending on the Intended Date of Discontinuance. If an Exiting Provider fails to comply with this rule and customers have not had an adequate opportunity to obtain a replacement telecommunications service or locate a Replacement Provider, if one exists, the Exiting Provider may be required to continue to provide service until the earlier of: the date on which a Replacement Provider is able to provide service, or a date ordered by the Commission. The Commission may use the proceedings on an Exiting Provider's application to resolve disputes between the Exiting Provider and a possible Replacement Provider to facilitate the migration of the Exiting Provider's customers to alternative telecommunications services that may be available. The Commission may use the proceeding to address requirements of R746-349-5, Utah Code Section 54-8b-18, or any other requirements associated with a change in service providers.

B. Liability -- Nothing in this rule, however, shall be construed as shielding the Exiting Provider from any legal liability to its customers or any other person or entity, whether the liability is grounded in contract, tort or otherwise, including any obligation for any interconnection payment required to maintain service to the Exiting Provider's customers.

C. Rates or Terms -- Nothing in this rule shall require the Replacement Provider to provide any service at rates or on terms other than those published in the Replacement Provider's tariffs, price lists, or contract with the customer.

D. Obligation -- Nothing in this rule obligates the Replacement Provider to undertake any obligation of the Exiting Provider. To the contrary, unless expressly agreed in writing or ordered by the Commission, it shall be presumed that the Replacement Provider has not undertaken any obligation of the Exiting Provider.

History

KEY: exiting provider, replacement provider, telecommunications, services
Date of Last Change: January 15, 2004
Notice of Continuation: November 30, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-3-1

R746-351 Pricing Flexibility

Utah Admin. Code R746-351-1 Purpose and Authority

This rule establishes a procedure by which the pricing flexibility granted to an incumbent telephone corporation under Section 54-8b-2.3(2)(b) becomes effective.

History

KEY: pricing flexibility, public utilities, telecommunications
Date of Last Change: September 2, 1997
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2; 54-8b-2.2; 54-8b-2.3; 63G-4-207; 63G-4-503

Utah Admin. Code R746-351-2 Definitions

A. "Competitive Local Exchange Carrier" (CLEC) means a provider of public telecommunications services certificated by the Commission pursuant to 54-8b-2.1, other than an ILEC.

B. "Incumbent Local Exchange Carrier" (ILEC) means an incumbent telephone corporation as defined under Section 54-8b-2(4).

C. "Substitute or Substitutable Service" means a service offered by a CLEC that is an economic alternative in terms of quality, quantity, and price to that provided by the ILEC.

History

KEY: pricing flexibility, public utilities, telecommunications
Date of Last Change: September 2, 1997
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2; 54-8b-2.2; 54-8b-2.3; 63G-4-207; 63G-4-503

Utah Admin. Code R746-351-3 Grant of Pricing Flexibility

A. Procedure -- The Commission shall grant pricing flexibility to an ILEC in an independent proceeding brought by the ILEC, or in the certification proceeding for a CLEC for the same or substitutable services offered by the ILEC in the same geographic area served by both the CLEC and the ILEC. In granting pricing flexibility to an ILEC, the Commission shall:

define the geographic area in which pricing flexibility can become available to the ILEC; and
list the public telecommunications services the ILEC is authorized to price flexibly.

B. Grant Effectiveness -- A grant of pricing flexibility by the Commission to an ILEC does not become effective except as provided in Section R746-351-4.

History

KEY: pricing flexibility, public utilities, telecommunications
Date of Last Change: September 2, 1997
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2; 54-8b-2.2; 54-8b-2.3; 63G-4-207; 63G-4-503

Utah Admin. Code R746-351-4 Effectiveness of Pricing Flexibility

A. ILEC Petition -- Pricing flexibility granted to an ILEC does not become effective until all of the conditions specified in Section 54-8b-2.3(2)(b)(iii) have been satisfied. The ILEC shall:

Identify:

a. the CLEC and the docket in which pricing flexibility was granted to the ILEC;

b. the defined geographic area identified by the Commission, pursuant to R746-351-3(A)(1), in which pricing flexibility is to become effective for the ILEC;

c. the public telecommunications services being provided by the CLEC in the defined geographic area; and

d. The specific ILEC services, from the list of the public telecommunications services identified by the Commission pursuant to R746-351-3(A)(2), to be priced flexibly by the ILEC in the defined geographic area that are the same or substitutable for the public telecommunications services provided by the CLEC in the defined geographic area; and

Certify that:

a. the CLEC has begun providing the identified public telecommunications services in the defined geographic area;

b. the ILEC has allowed the CLEC to interconnect with the essential facilities and to purchase the essential services of the ILEC in accordance with the terms of an agreement approved by the Commission; and

c. the ILEC is in compliance with the applicable rules and orders of the Commission adopted or issued under Section 54-8b-2.2; and

Include:

a. a proposed price list or competitive contract for the service or group of services to be pricing flexibility; and

b. evidence which demonstrates that the prices to be offered by the ILEC under the proposed price list or competitive contract are in compliance with Section 54-8b-3.3.

B. Notice -- The ILEC shall serve notice of the request on:

all parties in the original proceeding in which the ILEC was granted pricing flexibility; and
all other certificated providers of public telecommunications services in the defined geographic area.
The notice shall include information on the time periods for responses and Commission action as provided in R746-351-4(C).

C. Time Frame -- Within 15 days after service of the notice of the request under this rule, the Commission shall grant, deny or determine whether a hearing is necessary to consider the request. Interested persons shall file responses to the request within 10 days after service of the notice of request.

D. Ruling -- The Commission shall issue a ruling determining the ILEC's compliance with Section 54-8b-2.3(2) and whether ILEC pricing flexibility is effective:

within 14 days after the Commission grants or denies a request, if there is no hearing on the request; or
if the Commission holds a hearing on the request, within 14 days after the conclusion of the hearing.

History

KEY: pricing flexibility, public utilities, telecommunications
Date of Last Change: September 2, 1997
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2; 54-8b-2.2; 54-8b-2.3; 63G-4-207; 63G-4-503

R746-356 Intrastate (IntraLATA) Equal Access To Toll Calling Services By Telecommunications Carriers

Utah Admin. Code R746-356-1 Purpose and Authority

A. Purpose --

These rules establish procedures and methods by which all Commission certified local exchange carrier telecommunications corporations (LECs) will provide and maintain equal access, and customer dialing parity, to intrastate (intraLATA) toll services when requested by one or more Commission or Federal Communications Commission (FCC) certified telecommunications corporations or common carriers.
The costs of the equal access implementation and continuing service shall be fairly and reasonably distributed based on the future toll service market share achieved by the LEC and all certified telecommunications carriers requesting equal access service.
The provisioning of interLATA interstate toll services by a subsidiary, or an affiliate, of a LEC will be considered to be the same as those services being provided by the LEC itself for implementation of intrastate equal access.

B. Authority --

Section 54-8b-2.2(3) requires that the Commission establish these rules.
Title 47 U.S.C. Section 271(e)(2)requires implementation of intraLATA equal access for Bell Operating Company interLATA service offerings.
Title 47 U.S.C. Section 251 (b)(3), requires all LECs to provide intraLATA equal access when requested by a commission or FCC certified telecommunications corporation or common carrier, or when the LEC commences providing in- region or interstate interLATA toll service to its customers, with some exceptions as defined in 47 U.S.C. Section 251(f)(2).

History

KEY: communications, equal access, telecommunications, toll calling
Date of Last Change: August 8, 2005
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2.2(3)

Utah Admin. Code R746-356-2 Definitions

For purposes of these rules, the following terms shall bear the associated meanings. All other terms are as defined in Section 54-8b.

A. "Bona Fide Request" -- A written request submitted by a telecommunications corporation or common carrier certified by the Commission or the FCC for intraLATA or intraLATA equal access service in an exchange or exchanges of a LEC.

B. "CCS" -- Committee of Consumer Services.

C. "Division" -- Division of Public Utilities.

D. "Equal Access" -- Dialing arrangements and other service characteristics provided by a LEC to other carriers that are equivalent in type and quality to that provided by the LEC, or designated contract carrier, for its provision of intraLATA toll service.

E. "Presubscription" -- A process that allows customers to preselect the carrier that has equal access services for providing toll calls through the use of 1+ or 0+ without dialing a multi-digit access code.

F. "Presubscribed Interexchange Carrier"(PIC) -- The certified telecommunications carrier a customer selects to provide 1+ or 0+ toll service, without the use of access codes, following equal access presubscription implementation.

G. "2-PIC" -- The equal access presubscription option that affords customers the opportunity to select one certified telecommunications carrier for all interLATA 1+ or 0+ toll calls and, at the customer's option, to select another certified telecommunications carrier for all intraLATA 1+ or 0+ toll calls.

History

KEY: communications, equal access, telecommunications, toll calling
Date of Last Change: August 8, 2005
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2.2(3)

Utah Admin. Code R746-356-3 Equal Access Implementation

A. Implementation -- LECs shall proceed to implement intraLATA equal access, using the 2-PIC method, in accordance with the following criteria:

Any LEC that has an equal access implementation plan approved by the Commission shall comply with and maintain equal access in accordance with its approved plan as amended or modified withCommission approval.
Any LEC that does not have an equal access implementation plan approved by the Commission will respond to a bona fide request, or on its own initiative, by filing an implementation plan with the Commission within 30 days.

a. The target date for implementation shall be no later than seven months from the date of receipt of the bona fide request.

b. Copies of the plan shall be mailed to the requesting telecommunications carrier, all other carriers subscribing to the LEC's interLATA equal access service, the Commission, and the Division.

A LEC can request a temporary waiver of the requirement to implement intraLATA equal access for one or more of its exchange areas, when it can prove that it does not have the technical or economic abilities to provide intraLATA equal access service.

a. The Commission, after notice and opportunity for hearing, may grant a waiver upon a showing of a lack of technical or economic ability.

b. When a LEC receives a waiver it shall implement interLATA and IntraLATA equal access by the date established in the Commission waiver.

B. Approval of Equal Access Plans -- The Commission will assign each LEC equal access plan a docket number and issue a notice of the proceeding to all parties on its telecommunications list.

The Commission shall approve each plan within 45 days of the filed date, unless hearings are required to approve the implementation plan.
The plan target date(s) will be automatically extended by the number of days in excess of 45 required to finally approve a plan.

C. Exemption of Toll Services -- A LEC shall continue to provide retail toll services as a carrier of last resort for its own certified territory, or as a PIC for its own certified territory, until an order of exemption is issued by the Commission.

D. Continued Services -- LECs will continue to provide services for customer dialed number protocols 0-, Nll, 411,611, 911, and 976. These numbers are not equal access and call routing will continue to be processed unchanged by the LEC following the implementation of intraLATA equal access. Calls using customer dialed protocols, such as 500, 700, 800, 900, 10356, and 101356X, are not subject to presubscription and they will continue to be routed to the appropriate non-equal access carrier.

E. Routing Interface Signaling -- All carriers shall establish uniform end-to-end message routing interface signaling that includes at least the carrier identification code (CIC), originating line or trunk telephone number, and terminating line or trunk telephone number. This requirement is to permit direct billing to the responsible carrier(s) for use of the switched access network elements provided by other carriers.

History

KEY: communications, equal access, telecommunications, toll calling
Date of Last Change: August 8, 2005
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2.2(3)

Utah Admin. Code R746-356-4 Equal Access Implementation Plans

A. Criteria -- An intraLATA equal access implementation plan filed with the Commission, with a copy to the Division, shall include at least the following:

the planned individual central office or exchange cutover dates;
a schedule of any planned hardware and software upgrades required;
estimated investments and expenses for the planned upgrades;
estimated internal training expenses;
estimated cutover expenses;
estimated administrative expenses for preparing and filing tariffs or price lists;
estimated order processing expenses;
estimated customer notification and education expenses;
the computations of its estimated proposed equal access recovery charges; and
a copy of the work papers used to calculate the information required by R746-356-4(A)(3) through (9).

B. Service of Plans -- Copies of the plan shall be served on the Division, CCS, and all telecommunications carriers that then subscribe to interLATA equal access from the LEC.

C. Status Reports -- In the Commission approval of a plan, the Commission shall establish the LEC's reporting requirements for reporting implementation progress, with a final report filed after implementation.

History

KEY: communications, equal access, telecommunications, toll calling
Date of Last Change: August 8, 2005
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2.2(3)

Utah Admin. Code R746-356-5 Customer Education, Notification, and Presubscription Contact Procedure

A. Customer Information -- Equal access customer instructional materials, forms, and notification letters developed by a LEC, shall be competitively neutral and unbiased as to the presubscription process. They shall clearly state the available PICs and a toll free contact number for each PIC. The proposed text of the first mailing letter shall be filed with the Commission and the Division at least 60 days prior to equal access implementation.

B. Customer Notification -- Customer notification of the initial availability of intraLATA equal access will be provided as follows:

For exchanges in which interLATA equal access balloting is required, the ballot information shall be expanded to provide customer instructions that will allow the customer to presubscribe to both an interLATA and an intraLATA PIC, including the LEC.
For exchanges in which interLATA equal access has previously been provided, the balloting procedure will not be required. The LEC will provide notification of the intraLATA equal access implementation, and request that the customers preselect their PIC by letter required by R746-356-5(A). The letter will be sent to all LEC customers by 1st Class Mail no earlier than 45 days and no later than 15 days prior to the scheduled implementation date for each exchange.
Customers applying for local exchange service after the initial equal access notification mailing(s), but before implementation of equal access, shall receive a copy of the notification letter from the LEC.
Each PIC will be responsible for providing the LEC(s) with a current toll free number(s) to be included in the initial customer equal access notification letter.
The LEC will not be required to modify the customer notification letter seven days prior to the first mailing for the purpose of including another PIC that did not file a bona fide request in time for the letter preparation.

C. Subsequent Customer Notification -- Subsequent to the equal access implementation of each exchange. The following procedures shall apply to all customer contacts and requests:

Customers applying for new local exchange service from the LEC shall be informed of the presubscription process and their choice of available PICs from a list that is referred to by the service representative in a rotational or random manner. This list must be constructed so that a LEC, and any of its subsidiaries, or affiliates, are not listed more than once, nor mentioned or written adjacent to one another. When a LEC and its subsidiary, or affiliate, have very similar names, the customer must be specifically advised as to the relationship between the entities.
Each new customer shall be required to select both an interLATA PIC and an intraLATA PIC. A customer who does not select a PIC(s) shall be informed that they will not be presubscribed to any toll provider, and will be required to utilize access codes when placing toll calls, until that customer selects a PIC.
When a customer requests more information about a specific PIC, other than the LEC, the LEC representative shall refer the caller to the PIC.
When a customer requests or advises the LEC representative of an address change, with or without a number change, the LEC shall assume that the existing PICs will not change for the new address, unless the customer voluntarily directs the LEC to do otherwise.
When a customer reports trouble in placing intraLATA toll calls, the LEC representative shall first determine whether the customer is presubscribed to a PIC. If so, the report will be handled as a service complaint pursuant to the procedure in effect between the LEC and the PIC. If the customer is not presubscribed, the customer will be asked to select a PIC in the manner of a new customer, per R746-356-5(C)(1).
LEC representatives may market their company's intraLATA service when handling "general service" calls with customers. A general service call is a call to the LEC requesting general information about the LEC's services, the establishment or removal of the LEC's services, billing inquiries, or calls relating to any other aspect of the services then provided to the customer by the LEC. General service calls do not include calls requesting a specific PIC change, address change, or telephone number change from existing customers.

History

KEY: communications, equal access, telecommunications, toll calling
Date of Last Change: August 8, 2005
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2.2(3)

Utah Admin. Code R746-356-6 Presubscription Selection Procedures

A. Initial and Subsequent Orders -- The initial and subsequent orders for presubscribed PIC selections of customers shall be placed with a LEC by the customers or carriers, and confirmed pursuant to any FCC requirements and R746-349-3, Filing Requirements.

B. Multiple PIC Change Orders -- When a LEC receives multiple PIC change orders for the same customer, the LEC shall process and implement the PIC change order with the latest date.

C. Authorized Selections -- PIC presubscription selections shall only be authorized and valid when made by the "account holder" as defined in R746-240-2(A).

D. Payphone and Shared Tenent Services -- IntraLATA PIC presubscription shall be available to public and semi- public pay phone services and to Shared Tenant Services (STS). When the LEC receives differing PIC selection directions from a pay phone service or a STS provider and a premises owner, or a legally authorized representative of the premises owner, the LEC will assign the PIC selection of the owner.

E. Automatic PIC Assignment -- During the initial intraLATA equal access implementation of each exchange or central office, the existing customers that do not provide a PIC selection to the LEC, or to an equal access requesting carrier, will automatically receive the equal access PIC of the LEC serving the customer.

History

KEY: communications, equal access, telecommunications, toll calling
Date of Last Change: August 8, 2005
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2.2(3)

Utah Admin. Code R746-356-7 Presubscription Charges

A. Single PIC Selection Charge -- The LEC will establish an intraLATA equal access presubscription charge for new service PIC selections, or PIC selection changes. This charge will initially be the same as the LEC's interLATA charge. This charge will be subject to change and approval of the Commission. This intraLATA charge will apply when the customer is establishing or changing only the intraLATA PIC presubscription.

B. Multiple PIC Selection Charge -- The LEC will establish another intraLATA equal access presubscription charge that will apply when a customer orders the simultaneous installation or change of presubscription of both the intraLATA and interLATA PICs. Initially, the IntraLATA PIC charge applied when there is an order for both intraLATA and InterLATA PICs will be one-half of the intraLATA PIC charge pursuant to R746-356-7(A). This charge will be subject to change and approval of the Commission.

C. Waiver --

During the initial equal access implementation for each exchange, the intraLATA presubscription charge shall not be imposed on the customers for their initial PIC selection.
Customers will be allowed to make one intraLATA PIC selection change within a four month period following implementation date of each exchange or central office without being billed the intraLATA presubscription PIC charge.
The PIC charge shall be imposed for any subsequent intraLATA PIC changes, or after the four-month period ,whichever occurs first.
If customers change their interLATA PIC at the same time they initially select an intraLATA PIC, the customer shall be billed only the interLATA PIC change charge.

D. New Customer Waiver -- New customers receiving service from a LEC, who do not initially select a presubscribed intraLATA PIC, may select a presubscribed interLATA during the first four-months of service without incurring the intraLATA PIC charge.

History

KEY: communications, equal access, telecommunications, toll calling
Date of Last Change: August 8, 2005
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2.2(3)

Utah Admin. Code R746-356-8 Equal Access Implementation Cost Recovery Procedure

A. Recovery of Waived PIC Charges -- The LEC shall bill each equal access telecommunications carrier for the presubscription PIC charges waived by R746-356-7(C) or (D).

B. Recovery of Expenses -- Any recovery of recurring and one-time expenses incurred for the provision of intraLATA equal access shall be through a separate, temporary equal access recovery charge (EARC) element in a LEC's switched access and toll tariffs or price lists. These expenses may include:

the incremental additional expenses related directly to the provision of hardware and software investments not required to upgrade the switching capabilities of each central office absent the provision of the intraLATA equal access;
expenses for the incremental additional training of customer contact personnel in the additional processing of intraLATA presubscription requests;
expenses related directly to the preparation, reproduction and mailing of the customer educational materials and equal access notifications;
expenses related directly to the preparation, reproduction and filings of the intraLATA equal access tariffs or price lists;
expenses for the Utah portion of the incremental additional software programming of the billing programs that would not be required absent the Utah intraLATA equal access; and
expenses for the Utah portion of the incremental additional software programming of the business office support systems that would not be required absent the Utah intraLATA equal access.

C. Recovery Timing -- Expenses for intraLATA equal access implementation developed from items shown in R746- 356-8(B)shall be subject to approval by the Commission. The EARC shall be assessed to estimated monthly intraLATA originating switched access minutes and monthly originating LEC toll minutes of use, over a three-year period for Qwest Corporation, and over a two-year period for all other LECs.

D. True-Up --

For each applicable year, the EARC will be trued-up and changed based on the actual incurred expenses, the actual originating intraLATA switched access minutes billed to each PIC, and the intraLATA toll minutes billed by the LEC.
The true-ups shall result in an annual payment by the LEC to each participating equal access carrier for excess payments, or an annual bill from the LEC to each participating equal access carrier for any under-payments.
The true-ups should result in an annual inter-company payment process based on the proportional intraLATA switched access minutes previously billed to each carrier and the intraLATA toll minutes billed by the LEC.
The LEC and an equal access carrier may agree to alternative compensation arrangements in lieu of an annual payment.

History

KEY: communications, equal access, telecommunications, toll calling
Date of Last Change: August 8, 2005
Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 54-8b-2.2(3)

R746-365 Intercarrier Service Quality

Utah Admin. Code R746-365-1 General Provisions

A. Application and Authority -- This rule shall apply to telecommunications corporations that are obligated to interconnect facilities and equipment for the mutual exchange of telecommunications traffic pursuant to 54-8b-2.2.

This rule provides service guidelines to ensure that telecommunications corporations, individually and jointly, will engineer, design, equip and provision an efficient public telecommunications network with attendant operational support systems and joint network planning processes that will:

a. prevent impairment of public telecommunication services attributable to the provisioning of essential facilities and services used to provide local exchange service, including unreasonable blocking of telecommunications traffic carried by or exchanged between the networks of multiple telecommunications corporations;

b. ensure that each incumbent local exchange carrier timely provides essential interconnection facilities and services to other telecommunications corporations that is at least equal in quality to that provided by the incumbent local exchange carrier to itself or to any of its subsidiaries or affiliates, or to any other carrier with whom the incumbent local exchange carrier interconnects, or provides interconnection facilities and services or that otherwise is adequate, efficient, just and reasonable.

This rule defines guidelines relating to interconnection and the exchange of traffic that apply to all telecommunications carriers and further defines additional guidelines relating to interconnection and the exchange of traffic that apply only to incumbent local exchange carriers, as required by the federal Telecommunications Act of 1996, 47 U.S.C. Section 251.
This rule specifies network performance and service quality guidelines applicable to telecommunications corporations interconnecting pursuant to 54-8b-2.2 and upon which the Commission may rely in determining whether service is just, adequate, and reasonable.
This rule establishes specific network monitoring and reporting obligations for incumbent local exchange carriers.
Incumbent local exchange carriers with less than 50,000 access lines shall be exempt from this rule. If a carrier receives a bona fide request for interconnection made pursuant to the notice and exemption provisions of 47 U.S.C. Section 251 (f), in the event the Commission determines that the requirements of Section 251(f)(1)(B) are met and the Commission terminates the exemption, the Commission may also consider what service standards shall apply to the incumbent local exchange carrier and may promulgate rules to implement applicable standards.
The adoption of this rule by the Commission neither precludes subsequent amendment pursuant to applicable statutory procedures, nor the grant of a temporary exemption by the Commission as provided in R746-1-109, Deviation from Rules.

History

KEY: interconnection, public utilities, telecommunications
Date of Last Change: June 1, 1999
Notice of Continuation: November 9, 2023
Authorizing, and Implemented or Interpreted Law: 54-8b-2

Utah Admin. Code R746-365-2 Definitions

A. The meaning of terms used in these rules shall be consistent with their general usage in the telecommunications industry unless specifically defined in 54-8b-2, R746-348, or this rule. As used in this rule, unless context states otherwise, the following definitions shall apply:

"Affiliate" -- means, with respect to any telecommunications corporation, a person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this subsection, the term "own" means to own an equity interest, or the equivalent, of more than ten percent.
"Blocking" -- means the occurrence of insufficient capacity between the end office or tandem of a telecommunications corporation and the end office or tandem of another telecommunications corporation, and includes a call not completed because of insufficient capacity usually evidenced by a fast busy signal or message that circuits are busy.
"Busy Hour" -- means the uninterrupted period of 60 minutes during the day when the traffic is at its maximum.
"Business Day" -- means any day other than Saturday, Sunday or other day on which commercial banks in Utah are authorized or required to close.
"CFR" -- means the Code of Federal Regulations.
"Commission" -- means the Public Service Commission of Utah.
"Competitive Local Exchange Carrier" (CLEC) -- means an entity certificated to provide local exchange services that does not otherwise qualify as an incumbent local exchange carrier.
"Delayed Service Order" -- means a written or electronic order for an essential interconnection service or facility that is not filled on or before the standard installation interval or the date specified in a FOC, whichever occurs first.
"End User" -- means the person, firm, partnership, corporation, municipality, cooperative, organization, or governmental agency purchasing the telecommunications service for its own use, and not for resale.
"FCC" -- means the Federal Communications Commission.
"Federal Act" -- means the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (codified at 47 U.S.C. Section 151 et seq.).
"Firm Order Confirmation" (FOC) -- means notice provided by one telecommunications corporation to another in electronic or manual form of acceptance of a service order and the date that the service order will be completed.
"Incumbent Local Exchange Carrier" (ILEC) -- is defined as it is in R746-348, Interconnection.
"Interoffice Trunk Facilities" -- means the facilities, including transport, switching and cross-connect facilities, necessary for the transmission and routing of telephone exchange service between two end offices, or an end office and a tandem office.
"Local Exchange Carrier" -- means a telecommunications provider, authorized by the Commission, that provides local exchange service in a defined geographic service territory.
"Network Element" or "Network Facility" -- is defined as it is in R746-348-2. Interconnection.
"Order Completion Notification" (OCN) -- means notice provided by one telecommunications corporation to another in electronic or manual form that a service order has been completed.
"OSS Interface" -- means a system of communications links, computer hardware and software and associated equipment providing access into an ILEC's operational support systems for human-to-computer or computer-to-computer communication. This definition is conjunctive to the definition of "operational support" contained in R746-348-2, Interconnection.
"Service Order" -- means a written or electronic request for essential facilities or services made to effectuate 54- 8b-2.2 and section 251 of the federal act.
"Trouble Report" -- means an oral, written or electronic report received by a telecommunications corporation from an end user of public telecommunications service, or, an oral, written or electronic report received by one telecommunications corporation from another who purchases essential facilities or services from the former. In either case, a Trouble Report communicates improper functioning of facilities over which the providing telecommunications corporation exercises control. A trouble report is used by telecommunications corporations to monitor repair and maintenance actions required for disposition of out-of-service or substandard service conditions.
"Wholesale Services" -- means essential services available to telecommunications corporations for the purpose of resale to end users.
"Wire Center" -- means a building that contains the necessary telecommunications facilities and functions to terminate, switch, route and interconnect local exchange, interoffice, and interexchange public telecommunication services.

History

KEY: interconnection, public utilities, telecommunications
Date of Last Change: June 1, 1999
Notice of Continuation: November 9, 2023
Authorizing, and Implemented or Interpreted Law: 54-8b-2

Utah Admin. Code R746-365-3 Network Guidelines Applicable to All Telecommunications Corporations

A. Engineering -- All telecommunications corporations shall construct network facilities in conformance with network design standards and specifications.

B. Stricter Standards -- If an interconnection agreement is adopted pursuant to negotiation or arbitration under the Federal Act, the agreements may contain obligations and performance standards for network facilities and services that are stricter than the guidelines contained in this rule.

History

KEY: interconnection, public utilities, telecommunications
Date of Last Change: June 1, 1999
Notice of Continuation: November 9, 2023
Authorizing, and Implemented or Interpreted Law: 54-8b-2

Utah Admin. Code R746-365-4 Service Quality Guidelines

A. Service Quality Applicable to All Telecommunications Corporations --

Carrier Provisioning Intervals -- Each telecommunications corporation shall provide essential facilities and associated services in accordance with the following provisioning intervals and shall separately measure each provisioning interval for commonly used circuit or facility types. The provisioning interval is the elapsed time measured in hours from a telecommunications corporation's receipt of a service order to return of an OCN. The percentage of service orders completed on time will be determined by the number of orders completed within the installation interval or the committed due date specified in a FOC. The cumulative elapsed time for each circuit or facility type is divided by the total number of corresponding completed service orders for each circuit or facility type to derive measures of service order flow-through, as further enumerated in R746- 365-5. A telecommunications corporation shall return a FOC within two business days of receipt of a service order from another telecommunications corporation.

a. Interoffice Trunking Facilities -- Pursuant to forecasting requirements established in R746-365-6, forecasted trunk, routing and switching facilities shall be provisioned to any requesting local exchange carrier within 30 days of receipt of a service order, unless otherwise agreed to by the requesting carrier.

(i) Service Orders Presented Under Approved Forecasts -- A telecommunications corporation shall complete all service orders for essential facilities and services requested by another telecommunications corporation that comport with four- month projections contained in a joint forecast developed pursuant to R746-365-6(C).

b. Number Portability -- Telecommunications corporations shall provide either interim number portability or permanent number portability to a requesting carrier. The installation interval for interim number portability shall not exceed three business days following receipt of a service order. Permanent number portability shall be provided pursuant to Federal Communications Commission requirements.

Trouble Reports --

a. Receipt, Investigation and Recording -- Each telecommunications corporation shall provide for the receipt of trouble reports 24 hours a day, seven days a week. Each telecommunications corporation providing public telecommunications service shall investigate and respond to each trouble report. Each telecommunications corporation shall maintain a record of trouble reports made by end users and other telecommunications corporations which complies with R746-365-5(B)(4).

b. Emergency Out-of-Service -- Provisions shall be made to clear emergency out-of-service trouble at all hours, consistent with the public interest and the personal safety of a telecommunication corporations personnel. Emergency or alternative service shall be provided local law enforcement and public safety agencies during the period of any network interruption.

c. Notice of Unusual Repairs and Planned Interruptions -- If unusual repairs preclude prompt disposition of a reported trouble, telecommunications corporations shall notify all affected telecommunications corporations. If service must be interrupted for purposes of rearranging facilities or equipment, all affected telecommunications corporations shall be notified and the work shall be completed in the least disruptive manner in order to minimize public inconvenience.

d. Repair Intervals -- Each telecommunications corporation shall seek to clear out-of-service trouble reports received from another telecommunications corporation within the following intervals, unless other repair intervals have been agreed to:

TABLE

DS - 3, OC - 3 and higher 2 hours

DS - 1, Fractional DS - 1, Design DS - 0, and

Local Interconnection Trunks 4 hours

Residential and Business Resale POTS 24 hours

The repair interval for clearing a trouble between telecommunications corporations is the elapsed time measured in hours and tenths of hours from the time a trouble report is received by a telecommunications corporation to the time the telecommunications corporation returns a valid trouble resolution notification. Elapsed time shall be measured by common circuit or facility types and trouble disposition and closure recorded in accordance with R365-5(B)(4).

Network Performance Levels -- Each telecommunications corporation shall engineer, furnish and install essential facilities and services designed to meet busy hour demand, and to prevent unreasonable blocking. The following minimum network performance standards apply to:

a. Interoffice Facilities --

(i) Local and extended area service interoffice trunk facilities shall have a minimum engineering design standard of (P.01) grade of service.

(ii) Intertandem facilities shall have a minimum engineering design standard of B.0025 (P.0025) grade of service.

b. Outside Plant -- Each telecommunications corporation shall engineer, construct and maintain cable and wire between an end user network interface device and the serving wire center in conformance with current industry standards, as described in R746-365-3(B), and common engineering practices.

B. Service Quality and Other Network Guidelines Applicable to ILECs --

Operational Support Systems --

a. OSS Interfaces -- Each ILEC shall undertake all commercially reasonable efforts to facilitate parity of access to operational support systems the incumbent local exchange carrier uses to store and retrieve information related to network engineering and administration.

b. Testing of OSS Interfaces -- Each telecommunications corporation shall upon request jointly conduct with one or more telecommunications corporations testing of OSS interfaces used to obtain access to operational support systems. OSS Interface testing shall commence not more than 45 days after a request for testing is received by a telecommunications corporation. The telecommunications corporations shall determine the duration of tests which shall be conducted among noncommercial end user accounts. No unreasonable limitation shall be imposed by an ILEC on another telecommunications corporation's ability to test intercarrier OSS Interfaces to ensure compatibility between ILEC and the other telecommunications corporation's operational support systems.

Network Provisioning Intervals -- Each ILEC shall provide essential facilities and services that comply with the following installation intervals:

a. Network Elements -- Each ILEC shall provision essential network facilities and services in accordance with the following intervals and shall measure provisioning intervals for each of the following loop facilities and services as described in R746-365-5-(C)(3)(c).

(i) Unbundled Loops -- Provisioning intervals for an unbundled loop will vary by circuit and facility type, the number of loops requested on a service order, availability of facilities and whether or not a dispatch of ILEC personnel must occur. The following essential facilities will be provisioned for telecommunications corporations within the specified intervals.

TABLE

Facility Type Quantity Interval

DSO or analog equivalent, dispatch,

facilities available: 1 - 24 5 days

24 - n negotiated

DSO or voice grade equivalent,

no dispatch: 1 - 24 3 days

24 - n 7-10 days

DS1 -- Facilities provisioned and available: 5 days

ISDN -- Facilities provisioned and available: 7 days

XDSL -- Facilities provisioned and available: 7 days

DS3 -- Facilities provisioned and available: 7 days

OC3 -- Facilities provisioned

and available: 15 days

OC4 - Higher -- Facilities provisioned

and available: 15 days or

negotiated

due date. b. Wholesale Services -- Installation intervals for wholesale services shall vary depending upon whether an existing end user service provided by an ILEC is transferred to another telecommunications corporation, or, is a new service installation.

(i) An ILEC shall transfer wholesale services without changes for an existing end user served by the ILEC within one business day following receipt of a service order from the telecommunications corporation.

(ii) An ILEC shall transfer wholesale service with changes for an existing end user served by the ILEC within three business days following receipt of a service order from the telecommunications corporation.

(iii) An ILEC shall install new wholesale service to a new end user, if facilities are available, within three days following receipt of a service order from the telecommunications corporation.

c. Collocation -- The following provisioning intervals and optional arrangements are common to both virtual and physical collocation:

(i) Upon receipt by an ILEC of a request for collocation, the ILEC shall within 15 days notify the telecommunications corporation whether sufficient space exists. If the telecommunications corporation disputes an ILECs denial of a request for collocation, and the carriers cannot negotiate a mutually satisfactory resolution, the telecommunications corporation may petition the Commission pursuant to Section 54-8b-17 for an expedited hearing and resolution of the dispute. The burden shall be on the ILEC to demonstrate to the Commission that collocation is not practical due to space limitations or is technically infeasible.

(ii) If collocation is available, the ILEC shall within 25 days following receipt of a request for collocation provide a written quotation containing all non-recurring charges for construction of the telecommunications corporation's requested collocation arrangement.

(iii) The telecommunications corporation shall within 30 days following receipt of the ILEC's quotation, by written notice to the ILEC: 1) accept the quotation; 2) withdraw the request for collocation; or, 3) provide the ILEC an independent contractor quotation for construction of the requested collocation arrangement.

(iv) If the telecommunication corporation accepts the quotation from the ILEC, collocation equipment shall be installed on the ILEC's premises in accordance with the following provisioning intervals: 1) For physical collocation arrangements, the ILEC shall within 45 days of the telecommunication corporation's acceptance of the ILEC's quotation complete construction of the collocation space necessary and sufficient for installation of the CLEC's collocated interconnection facilities. The ILEC shall grant the telecommunications corporation access to the collocation space to install network elements therein. 2) For virtual collocation arrangements, the ILEC shall within 45 days after delivery of the telecommunication corporation's collocation equipment complete provisioning of all network facilities ordered by the telecommunications corporation.

(v) If the telecommunication corporation provides the ILEC an independent contractor quotation for construction associated with a collocation arrangement, the ILEC shall within 15 days of receipt of the quotation: 1) accept the proposal and grant to the independent contractor access to the ILEC's premises to complete construction of the collocation space and installation of the collocated interconnection facilities; 2) amend the ILEC's own quotation to perform on substantially similar terms, including, without limitation, price, the services specified in the independent contractor's quotation. If the telecommunication corporation accepts the ILEC's amended quotation, construction of the collocation space shall proceed as described in R746-365-4(B)(3)(c)(iv); or, 3) reject the proposal. If the ILEC refuses to accept an independent contractor quotation or amend its own quotation, the telecommunications corporation may petition the Commission for an expedited hearing and resolution of the dispute pursuant to R746-365-8(B).

History

KEY: interconnection, public utilities, telecommunications
Date of Last Change: June 1, 1999
Notice of Continuation: November 9, 2023
Authorizing, and Implemented or Interpreted Law: 54-8b-2

Utah Admin. Code R746-365-5 Monitoring and Reporting Requirements

A. Availability and Retention of Records --

Availability of Records -- Each telecommunications corporation shall make network engineering and administrative records available for inspection by the Commission or its designee during normal operating hours.
Retention of Records -- All information required by this rule shall be preserved for at least 36 months after the date of entry.
Information Maintained -- Each telecommunications corporation shall maintain records of its network engineering and administrative operations in sufficient detail to permit review of network performance, provisioning intervals and general service quality provided other telecommunications corporations.
Rights of Division of Public Utilities -- Upon request made by the Division of Public Utilities, a telecommunications corporation shall provide within seven business days copies of any information requested. The Division of Public Utilities may request frequent monitoring of network performance, provisioning intervals and general service quality if evidence exists that public telecommunications services are impaired.
Special Study -- When requested by the Division of Public Utilities (the Division), an ILEC may file a study with the Division of Public Utilities evidencing actual provisioning intervals for network facilities and services or actual repair intervals for services provided to a telecommunications corporation, to an affiliate, or, aggregated for its ten largest customers. The Division shall investigate the source of the ILEC's operational support evidence and, at its discretion, petition the Commission pursuant to R746-1-109, Deviation from Rules. If the Commission grants consideration of a petition, intervenors may audit the ILEC's operational support evidence underlying the results of its study.

B. Network Monitoring and Performance Reporting Obligations Applicable to All Telecommunications Corporations --

Monitoring -- Each telecommunications corporation shall monitor the use of its network so as to:

a. issue the reports required by this section; and b. monitor the use of all trunk groups and other interconnection facilities and equipment on its own side of the point of interconnection between its network and the network of each interconnecting telecommunications corporation.

Call Blocking -- Each telecommunications corporation shall maintain a daily record, by wire center, of call blocking. The record shall indicate the percentage of calls blocked by trunk group utilized by each interconnecting telecommunications corporation. Each telecommunications corporation shall notify an interconnecting telecommunications corporation immediately if call blocking on any trunk group within in any wire center exceeds standard industry levels specified in R746-365-4(A)(2).
Delayed Service Orders -- Each telecommunications corporation shall maintain a record, by wire center, of each instance when it fails to supply essential facilities and services to an interconnecting telecommunications corporation in accordance with the provisioning intervals established in R746-365-4. The record shall provide the following data:

a. the name and address of the telecommunications corporation;

b. the circuit or facility type requested in the service order;

c. the date and hour the service order was received;

d. the reason for the delay;

e. the number of days the order has been delayed;

f. the expected order completion date for each service order;

g. whether an initial service order was supplemented by the requesting telecommunications corporation and, if so, the date and time the supplement was approved by the providing carrier;

h. a copy of the FOC provided the requesting telecommunications corporations.

Carrier Trouble Reports -- Each telecommunications corporations shall maintain a record, by wire center, of trouble reports received from another telecommunications corporations. The record shall:

a. identify the telecommunications corporation experiencing trouble;

b. the affected services;

c. the time, date and nature of the report;

d. the cause and action taken to clear the trouble and its recorded disposition;

e. the date and time of trouble clearance.

C. Performance Monitoring and Reporting Obligations Applicable to ILECs --

Service Provisioning Reports -- Each ILEC will provide interconnecting telecommunications corporations performance monitoring reports detailing the ILEC's provisioning of:

a. services to the ILEC's retail customers in the aggregate;

b. essential facilities and services provided to itself or any retail affiliate purchasing interconnection or access;

c. essential facilities and services provided in the aggregate to other telecommunications corporations purchasing interconnection; and

d. essential facilities and services provided to individual telecommunications corporations purchasing interconnection.

Service Response Description -- The ILEC shall develop a detailed narrative description of the procedures it employs in responding to calls from:

a. its retail customers;

b. its affiliated customers purchasing essential facilities and services for interconnection or local exchange access;

c. interconnecting telecommunications corporations; and

d. The service response description will be made available upon request to telecommunications corporations purchasing essential facilities and services for interconnection. The ILEC shall comply with the procedures outlined in its service response description.

Performance Monitoring Reports -- Performance monitoring reports shall include the following reports in addition to any additional reports the Commission may request:

a. Pre-Ordering Data -- Pre-ordering data means network administration data that resides in an ILECs operational support systems that includes, but is not limited to: facility availability, service availability, customer service records, appointment scheduling, telephone number reservation, feature function availability, and street address validation.

(i) Average OSS Response Interval for Pre-Ordering Data -- This report measures average response time per transaction for: customer service records; due date availability, address validation, feature function availability and telephone number selection and reservation. It shall be measured as: the Average Response Interval. The Average Response Interval will equal the quotient of the following formula: a dividend expressed as the sum total of the differences between minuends expressed in Query Response date and time and subtrahends expressed in Query Submission date and time, the sum total dividend being divided by a divisor expressed as the number of Queries submitted in the reporting period.

(ii) OSS Interface Availability -- This report measures the percentage of time an OSS Interface is actually available for use compared to scheduled availability. It shall be measured as: the Percent System Availability. The Percent System Availability will equal the quotient of the following formula: the dividend expressed in the hours the OSS Interface functionality is actually available to CLECs during the report period divided by a divisor expressed in the number of hours the functionality was scheduled to be available during the reporting period, the quotient being expressed as a percentage.

b. Ordering --

(i) Firm Order Confirmation Timeline -- This report measures the average interval from receipt of a service order to distribution of an order confirmation notice. It shall be measured as: measured as the Mean FOC Interval. The Mean FOC

Interval will equal the quotient of the following formula: the dividend expressed as the sum total of the differences of minuends expressed as the date and time of Firm Order Confirmation (FOCs) and subtrahends expressed as the date and time of Order acknowledgment, the sum total dividend being divided by a divisor expressed in the number of Orders confirmed in the reporting period.

(ii) Reject Timelines -- This report measures average response time from receipt of service order to distribution of rejection notice. It shall be measured as: the Mean Reject Interval. The Mean Reject Interval will equal the quotient of the following formula: a dividend expressed as the total sum of the difference of minuends expressed as the date and time of Order Rejection and subtrahends expressed as the date and time of Order Acknowledgment, the sum total dividend being divided by a divisor expressed in the number of Orders Rejected in the reporting period.

(iii) Percentage Rejects -- This report measures the percentage of total service orders received and rejected by the ILEC due to errors or omissions in the service order.

(iv) Timeliness of Order Completion Notification -- This report measures average response time from the actual completion date to distribution of service order completion notification. It shall be measured as: the Completion Interval. The Completion Interval shall equal the quotient of the following formula: a dividend expressed as the sum total of the differences of minuends expressed as the date and time of Notice of Completion issued to the telecommunications corporations and subtrahends expressed as the date and time of Work Completion by the ILEC, the sum total dividend being divided by a divisor expressed as the number of Orders completed during the reporting period.

(v) Delayed Order Interval -- This report measures uncompleted orders where the committed due date on a firm confirmation order has passed. It shall be measured as: the Mean Delayed Order Interval. The Mean Delayed Order Interval will equal the quotient of the following formula: a dividend expressed as the sum total of the differences of minuends expressed as the reporting period close date and subtrahends expressed as the Committed Order Due date, the sum total dividend being divided by a divisor expressed as the number of Orders Pending and Past the Committed Due Date.

c. Provisioning --

(i) Average Completion Interval -- This report measures the average time from an ILECs receipt of service order to the completion date provided on an OCN. It shall be measured as: the Average Completion Interval. The Average Completion Interval will equal the quotient of the following formula: a dividend expressed as the sum total of the differences of minuends expressed as the OCN date and time and subtrahends expressed as the Service Orders Submission date and time, the sum total dividend being divided by a divisor expressed as the count of Orders completed in the reporting period.

(ii) Percentage of Orders Completed On Time -- This report measures the percentage of total orders completed on or before the completion date provided on an OCN. It shall be measured as: the Percent Orders Completed on Time. The Percent Orders Completed on Time will equal the quotient of the following formula: a dividend expressed as the count of Orders Completed within ILEC Committed Due Date and a divisor expressed as the count of Orders Completed in the reporting period, the quotient being expressed as a percentage.

(iii) Percentage Missed Installation Appointments -- This report measures the percentage of service orders where installation of service is not performed at a time in which the customer concurs. It excludes misses when the other telecommunications corporation or end user causes the missed appointment. It shall be measured as: the Percentage Missed Installation Appointments. The Percentage Missed Installation Appointments will equal the quotient of the following formula: a dividend expressed as the count of appointments missed and a divisor expressed as the count of Wholesale Orders completed in the reporting period, the quotient being expressed as a percentage.

(iv) New Service Installation Trouble Within 30 Days -- This report measures the percentage of new service installations which prove defective within 30 days following completion of a service order. It shall be measured as: the Percentage New Service Installation Trouble within 30 days. The Percentage New service Installation Trouble within 30 days will equal the quotient of the following formula: a dividend expressed as the count of defective New Service Install in the past 30 days divided by a divisor expressed as the count of total New Service Installs in the past 30 days; the quotient being expressed as a percentage.

d. Maintenance --

(i) Trouble Report Rate -- This report measures the frequency of direct or referred trouble report incidents across a universe of facilities where the cause is determined to be in network facilities. It is measured as a percentile of lines or circuit types in service. It shall be measured as: the Trouble Report Rate. The Trouble Report Rate will equal the quotient of the following formula: a dividend expressed as the count of Initial and Repeated Trouble Reports in the reporting period divided by a dividend expressed as the number of Service Access Lines in service at the end of the reporting period; the quotient being expressed as a percentage. For purposes of R746-365-5C(1)(c) and (d), an ILEC shall exclude from its count of trouble reports queries made to the ILEC from another telecommunications corporation's end-user customers who are not served by the ILEC.

(ii) Missed Repair Appointments -- This report measures the percentage of trouble reports not cleared by the committed date and time. It excludes misses where the telecommunications corporation or end user caused the missed appointment. It shall be measured as: the Percentage Missed Repair Appointments. The Percentage Missed Repair Appointments will equal the quotient of the following formula: a dividend expressed as the count of Repair Appointments Missed divided by a divisor expressed as the count of Total Appointments; the quotient being expressed as a percentage.

(iii) Mean Time to Restore -- This report measures the restoral interval for resolution of maintenance and repair troubles. It measures the elapsed time from receipt of a trouble report to the time the reported trouble is cleared. It shall be measured as: the Mean Time to Restore. The Mean Time to Restore will equal the quotient of the following formula: a dividend expressed as the sum total of the differences of minuends expressed as the date and time of Ticket Closure and subtrahends expressed as the date and time of Ticket creation, the sum total dividend being divided by a divisor expressed as the count of Trouble Tickets Closed in the reporting period.

(iv) Percentage Repeat Trouble Reports Within 30 Days -- This report measures the percentage of trouble reports on a line or circuit that has had a previous trouble report in the preceding 30 days. It shall be measured as: the Repeat Trouble Rate. The Repeat Trouble Rate will equal the quotient of the following formula: a dividend expressed as the count of Service Access Lines generating more than one Trouble Report within a continuous 30 day period divided by a divisor expressed as the number of Trouble Reports in the report period; the quotient being expressed as a percentage.

e. Billing --

(i) Timeliness of Daily Usage Feed -- This report measures the interval in hours between the recording of usage data and the transmission in proper format to a telecommunications corporation. It shall include usage originating at ILEC switches, resale and UNE switching, and not alternately billed messages received from other ILECs. It shall be measured as: the Mean Time to Provide Recorded Usage Records. The Mean Time to Provide Recorded Usage Records will equal the quotient of the following formula: a dividend expressed as the sum total of the differences of minuends expressed as the data set transmission time and subtrahends expressed as the time of message recording the sum total dividend being divided by a divisor expressed as the count of all messages transmitted in the reporting period; the quotient being expressed as a percentage.

f. Specific Performance Monitoring Reports -- The Commission, the Division of Public Utilities or a telecommunications corporation may request from the ILEC a report on a specific basis rather than on an average basis with respect to any of the information described in the foregoing performance monitoring reports.

Identifiable Carrier-Specific Information -- An ILEC shall ensure that any carrier specific information contained in the performance monitoring reports is disclosed only to the individual carrier. The ILEC shall not use any information specific to a carrier for any purpose other than the reporting requirements contained herein.

History

KEY: interconnection, public utilities, telecommunications
Date of Last Change: June 1, 1999
Notice of Continuation: November 9, 2023
Authorizing, and Implemented or Interpreted Law: 54-8b-2

Utah Admin. Code R746-365-6 Joint Planning and Forecasting

A. Planning --A telecommunications corporation will meet with another telecommunications corporation, interconnecting or planning to interconnect within the next calendar quarter, to participate in joint forecasting and planning as necessary to accommodate the design and provisioning responsibilities of both telecommunications corporations. At a minimum, the telecommunications corporations will meet once every calendar quarter.

B. Forecasting --

Forecasting is the joint responsibility of the telecommunications corporations. A forecast of interconnecting trunk group and other facilities and equipment required by the telecommunications corporations is required on a quarterly basis. The quarterly forecast shall project requirements for the following time intervals:

a. four months;

b. one year; and

c. three years.

To the extent practical, the one-year and three-year forecasts will be supplemented with historical data from time to time as necessary to improve the accuracy of the forecasts.

The forecasts shall include, for tandem-switched traffic, the quantity of the tandem-switched traffic forecasted for each end office.
The use of Common Language Location Identifier (CLLI-MSG) shall be incorporated into the forecasts.
The forecasts shall include a description of major network projects anticipated for the following year that could affect the other party to the forecast. Major network projects include trunking or network rearrangements, shifts in anticipated traffic patterns, or other activities that are reflected by a significant increase or decrease in trunking demand for the succeeding forecasting period.
The forecasts, in narrative form, shall also describe anticipated network capacity limitations, including any trunk groups when usage exceeds 80 percent of the trunk group capacity, and the procedure for eliminating capacity problems before any trunk group experiences blocking in excess of the standards set forth in R746-365-5(B)(2).
The forecasts shall include the requirements of the telecommunications corporations for each of the following trunk groups:

a. intraLATA toll and switched access trunks;

b. EAS and local trunks;

c. directory assistance trunks;

d. 911 and E911 trunks;

e. operator service trunks;

f. commercial mobile radio service and wireless traffic; and

g. meet point billing trunks.

Unless otherwise agreed, forecasting information exchanged between interconnecting local exchange carriers, or disclosed by one interconnecting local exchange carrier to the other, shall be deemed confidential and proprietary.

C. Procedure for Forecasting --

At least 14 days before a scheduled joint planning and forecasting meeting, the telecommunications corporations shall exchange information necessary to prepare the forecast described in R746-365-6(B). At a minimum, the telecommunications corporation will provide the other with the following information. a. Existing Interconnection Locations -- For existing interconnection locations between the telecommunications corporations, each telecommunications corporation shall provide:

(i) blocking reports, at the individual trunk group level, detailing blocking at each end office, including overflow volumes, and blocking between the telecommunications corporation's end offices and tandem switches;

(ii) the existence of any network switching, capacity or other constraints.

(iii) any network reconfiguration plans for the telecommunications corporation's network.

b. New Markets -- They may request the following information concerning a specific market area in the other's Utah service territory into which they desire to expand their own network:

(i) The network design and office types in the market area.

(ii) The capabilities of the network in the market area.

(iii) Any plans to reconfigure the network in the market area.

c. Future need information -- The telecommunications corporation will provide the other with the following information:

(i) The number of trunk lines requested and the projected century call second loads used to formulate such request.

(ii) Whether internet providers will be served and the projected number of internet provider lines needed.

(iii) The projected busy hour(s) of the trunk groups.

(iv) The expected century call seconds on busy hours - how many century call seconds the last idle trunk line will carry.

(v) The projected service dates for the requested trunking groups for the first quarter forecasted.

(vi) The telecommunications corporation's forecast for direct trunk groups to any particular end office.

(viii) Any ramp up time anticipated for the use of the requested trunk lines, and an estimate of when the trunk group will reach capacity limits.

(x) Whether the telecommunications corporation requests usage and overflow data on the trunk groups which are directly connected to the other's end offices.

The telecommunications corporation shall prepare a joint forecast consistent with the requirements of R746-365- 6(B) and shall submit the forecast to the other at least seven days before the scheduled joint planning meeting.
Prior to the scheduled joint planning meeting, the telecommunications corporation shall notify the other whether it accepts the four-month forecast, rejects the four-month forecast, or proposes specific modifications to the four-month forecast.

a. If the telecommunications corporation rejects the four -month forecast or proposes modifications to the forecast, the telecommunications corporation shall submit a written statement to the other outlining the reasons why the forecast, as prepared by the other, is unacceptable. The statement shall be supported by written documentation to support the telecommunications corporation's position.

b. At the joint planning meeting, the telecommunications corporations may agree on the terms of the four-month forecast, as initially presented, or with modifications agreed to by them. If no agreement is reached, the telecommunications corporations shall jointly outline all areas of disagreement.

If the telecommunications corporations cannot agree on the terms of the quarterly four-month forecast, either local exchange carrier may commence an expedited dispute resolution proceeding before the Commission, as provided in Section 54- 8b-17. In that proceeding, the burden of persuasion shall be on an ILEC to demonstrate that a four-month quarterly forecast submitted by a CLEC is unreasonable.
To the extent the telecommunications corporations agree to the terms of a forecast, the terms shall be deemed approved for purposes of this section, and only those portions of a quarterly forecast actually in dispute shall be subject to the expedited dispute resolution proceeding.
If the telecommunications corporations agree on a four-month quarterly forecast, or, to the extent a forecast is approved by the Commission pursuant to the expedited dispute resolution proceeding, a telecommunications corporation shall be obligated to satisfy all service order requests made by the ordering telecommunications corporation that are consistent with the four-month projections contained in the approved forecast. Compliance with the terms of the forecast shall be based on the network provisioning interval standards set forth in R746-365-4(B)(2) as applicable.

D. Capacity Beyond the Four-month Forecast -- If a telecommunications corporation desires to order trunk groups, equipment, or facilities beyond the four-month forecast, but consistent with the one-year and three-year forecast, the telecommunications corporation may order the additional quantity if it pays a capacity reservation charge to the other telecommunications corporation from whom it orders.

E. Trunk Group Underutilization -- If a trunk group is under 60 percent of centum call seconds (ccs) capacity on a monthly average basis for each month of any three-month period, either telecommunications corporation may request to resize the trunk group, which resizing will not be unreasonably withheld. If the resizing occurs, the trunk group shall not be left with less than 25 percent excess capacity. In all cases the network performance levels and the network provisioning intervals as set forth in R746-365-4(A)(2) and R746-365-4(B)(3) shall be maintained. If the telecommunications corporations cannot agree to a resizing, either of them may file a petition with the Commission for an expedited dispute resolution proceeding as provided in Section 54-8b-17.

F. Point of Contact -- Telecommunications corporations shall provide a specified point of contact for planning, forecasting and trunk servicing purposes. The specified point of contact shall have all authority necessary to fulfill the responsibilities as set forth in this section.

History

KEY: interconnection, public utilities, telecommunications
Date of Last Change: June 1, 1999
Notice of Continuation: November 9, 2023
Authorizing, and Implemented or Interpreted Law: 54-8b-2

Utah Admin. Code R746-365-7 Remedies

A. Commission Assessed Penalties -- The Commission may assess penalties, as provided in 54-7-25 and 54-8b-17, against any telecommunications corporation that unreasonably fails or refuses to comply with this rule, including, without limitation, the provisioning and forecasting provisions contained in this rule.

B. Carrier Charges and Offsets --

Failure to Comply with This Rule -- If a telecommunications corporation fails to meet the network guidelines, service quality guidelines, reporting and monitoring requirements, or other duties imposed on it by this rule, any affected telecommunications corporations may file a petition with the Commission to enforce the provisions of this rule. The proceeding may be brought on an expedited basis as provided in 54-8b-17.
Service Interruption -- A telecommunications corporation shall be entitled to a billing credit against amounts owed to an other telecommunications corporation for service interruption as follows:

a. If the telecommunications corporation's service or facility from another telecommunications corporation is interrupted and remains out-of-service for more than four but less than eight continuous hours after being reported by the interrupted telecommunications corporation, or found to be out-of-service by the providing telecommunications corporation, whichever occurs first, appropriate adjustments shall be automatically made to the interrupted telecommunications corporation's bill. The adjustment shall be a billing credit equal to one tenth of the providing telecommunications corporation's monthly rate for the affected service.

b. If the interrupted telecommunications corporation's service or facility from the providing telecommunications corporation is interrupted and remains out-of-service for more than eight but less than 24 continuous hours after being reported by the interrupted telecommunications corporation, or found to be out-of-service by the providing telecommunications corporation, whichever occurs first, appropriate adjustments shall be automatically made by the providing telecommunications corporation to the interrupted telecommunications corporation's bill. The adjustment shall be a billing credit equal to the providing telecommunications corporation's monthly rate for the affected service.

c. If the interrupted telecommunications corporation's service or facility from the providing telecommunications corporation is interrupted and remains out-of-service for more than 24 continuous hours after being reported by the-of-service interrupted telecommunications corporation or found to be interrupted by the providing telecommunications corporation, whichever occurs first, appropriate adjustments shall be automatically made by the providing telecommunications corporation to the interrupted telecommunications corporation's bill. The adjustment shall be a billing credit equal to three times the providing telecommunications corporation's monthly rate for the affected service.

History

KEY: interconnection, public utilities, telecommunications
Date of Last Change: June 1, 1999
Notice of Continuation: November 9, 2023
Authorizing, and Implemented or Interpreted Law: 54-8b-2

R746-400 Public Utility Reports

Utah Admin. Code R746-400-1 Scope and Applicability

This rule is promulgated by Section 54-3-21 and applies to public utilities and telecommunications corporations operating in the state of Utah. This rule shall not limit the ability of the Commission, or the Division, to otherwise obtain information from these entities, as provided by other rules or statutes.

History

KEY: public utilities, reports, rules and procedures
Date of Last Change: October 30, 2002
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-8b-2; 54-5-2; 63G-2-101

Utah Admin. Code R746-400-2 Division Authority

The Division shall ensure compliance with this rule, prepare and distribute report forms, collect and store the completed reports and information provided by reporting entities subject to in this rule.

History

KEY: public utilities, reports, rules and procedures
Date of Last Change: October 30, 2002
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-8b-2; 54-5-2; 63G-2-101

Utah Admin. Code R746-400-3 General Definitions

For purposes of this rule, the terms listed below shall bear the following meanings:

A. "Reporting entity" means a public utility as defined in Section 54-2-1, and a telecommunications corporation as defined in Section 54-8b-2.

B. "Commission" means the Public Service Commission of Utah.

C. "Division" means the Division of Public Utilities within the Department of Commerce of the State of Utah.

History

KEY: public utilities, reports, rules and procedures
Date of Last Change: October 30, 2002
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-8b-2; 54-5-2; 63G-2-101

Utah Admin. Code R746-400-4 Reports to the Commission

A. Report Form Purposes -- The Division shall design report forms that will provide information from reporting entities useful to the Commission and the Division in performing their statutory duties and to administer Commission supervised or directed programs. These forms shall include, but are not limited to, reports used to provide information on a reporting entity's monthly and annual operations, reports concerning an entity's gross revenues used to calculate the public utilities' regulation fee under Section 54-5-2, and reports used in the administration the State of Utah Universal Public Telecommunications Service Support Fund, lifeline programs, and telephone relay program.

B. Acceptable Report Forms --

The Division shall make report forms available to all reporting entities. Applicable report forms for any report shall be available at least 60 days prior to the date the report is due to be completed by a reporting entity. The Division shall design report forms that clearly state the due date for the report and shall provide, as needed, directions, definitions and other information that will assist a reporting entity in completing a report form.
The Division may accept a reporting entity's request that an alternative report form or document, used to furnish information to federal government agencies, other agencies of this or other states, or for the entity's other needs or uses, be used in lieu of all or part of a Commission report form. The Division may require that the alternative report form or document be supplemented with other or additional information in order to obtain the same information as sought in the Utah report form.

C. Report Certification and Corrections -- Each report shall be signed by a responsible officer of the public utility certifying that the report is true and correct. If a reporting entity learns that any portion of a filed report is incorrect, it shall file corrected pages as soon as possible with an explanation of the corrections. The utility shall file an electronic copy of the report, in addition to a paper copy, if the report is prepared electronically.

History

KEY: public utilities, reports, rules and procedures
Date of Last Change: October 30, 2002
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-8b-2; 54-5-2; 63G-2-101

Utah Admin. Code R746-400-5 Copies of Reports to Federal Government Agencies

Upon request of the Division, each reporting entity shall provide the Division with a copy of any report filed with the following federal government agencies: Federal Energy Regulatory Commission, Federal Communications Commission, Rural Utility Services, Securities and Exchange Commission, and Surface Transportation Board. The reporting entity shall provide to the Division the requested reports within 10 days of receiving the Division's request.

History

KEY: public utilities, reports, rules and procedures
Date of Last Change: October 30, 2002
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-8b-2; 54-5-2; 63G-2-101

Utah Admin. Code R746-400-6 Copies of Reports to Shareholders and Audited Financial Reports

A. Annual Report -- Each reporting entity shall provide the Division with a copy of any annual report sent to shareholders within 10 days of its issuance.

B. Audited Financial Statements -- Upon request of the Division, a reporting entity shall provide the Division with a copy of any audited financial statements, including the opinion statements of the auditor, if the statements are prepared for the reporting entity.

History

KEY: public utilities, reports, rules and procedures
Date of Last Change: October 30, 2002
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-8b-2; 54-5-2; 63G-2-101

Utah Admin. Code R746-400-7 Confidentiality

A. Public Information -- Reports filed pursuant to this rule shall be considered public information unless otherwise provided.

B. Protected Documents -- If a reporting entity desires that any report, copy or document, or any portion thereof, required by this rule, be treated in any manner other than as public information, it shall comply with the provisions of the Government Records Access and Management Act, Title 63G, Chapter 2, and provide a written claim of confidentiality and the reasons supporting that claim. If the records, or portions thereof, are classified as protected under GRAMA, the Division shall maintain the confidential reports in a separate file and disclosure to anyone outside of the Commission, its staff, the Division, and the staff of the Committee of Consumer Services, shall only be as allowed by GRAMA.

History

KEY: public utilities, reports, rules and procedures
Date of Last Change: October 30, 2002
Notice of Continuation: April 25, 2022
Authorizing, and Implemented or Interpreted Law: 54-2-1; 54-8b-2; 54-5-2; 63G-2-101

R746-401 Reporting of Construction, Purchase, Acquisition, Sale, Transfer or Disposition of Assets

Utah Admin. Code R746-401-1 Applicability

A. These rules shall apply to each gas corporation, electrical corporation, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer, except independent energy producers exempt under Section 54-2-1, operating as a public utility in Utah under the jurisdiction of the Public Service Commission of Utah.

B. These rules shall not be applicable to the repair or replacement of existing utility assets, except as noted in Section R746-401-3.A.3.a.

C. Transactions shall not be artificially divided to avoid these reporting requirements.

D. These rules shall not limit the Commission's jurisdiction to review, at the Commission's discretion, transactions not specifically covered by these rules.

E. A utility may apply to the Commission for the modification of these rules or for temporary or permanent exemption from their requirements if unreasonable hardship results from their application.

History

KEY: public utilities, rules and procedures, contracts
Date of Last Change: 1989
Notice of Continuation: July 9, 2024
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7

Utah Admin. Code R746-401-2 Definitions

A. For purposes of these rules:

"Commission" shall mean the Public Service Commission of Utah.
"Gross investment in utility plant devoted to Utah service" shall mean the Utah allocated portion of the total of the following types of accounts: Plant in service, property under capital leases, plant bought or sold, completed construction not classified, and experimental plant unclassified. The following types of accounts shall not be included: Plant leased to others, property held for future use, construction work in progress, and acquisition adjustments.
"Book cost" shall mean the amount at which an asset is recorded in the books of the utility without deduction for accrued depreciation, depletion, amortization, etc.

B. For purposes of these rules, public utilities are divided into the following categories:

Large utilities - a public utility serving an annual average of 20,000 or more customers or access lines in Utah as set forth in its most recent annual report on file with the Commission and wholesale electrical cooperatives.
Small utilities - a public utility serving less than an annual average of 20,000 customers or access lines in Utah as set forth in its most recent annual report on file with the Commission.

History

KEY: public utilities, rules and procedures, contracts
Date of Last Change: 1989
Notice of Continuation: July 9, 2024
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7

Utah Admin. Code R746-401-3 Reporting Requirements

A. Each public utility shall file a report with the Commission, at least 30 days before beginning construction, by the utility or contracted by the utility, or before the purchase or acquisition of the following utility assets and any other utility plant devoted to Utah service, the cost of which is in excess of the lesser of $10,000,000 or five percent of gross investment in utility plant devoted to Utah service at the latest balance sheet date as set forth in its most recent annual report on file with the Commission:

gas corporations --

a. any manufactured gas production facility, or liquids separation or sweetening plant facility, or gas reinjection plant facility.

b. any natural gas storage reservoir or liquified natural gas storage facility.

c. any natural gas transmission pipeline the size of which is:

i. large utilities - eight inches or greater in diameter and 20 miles or more in length

ii. small utilities - four inches or greater in diameter and ten miles or more in length

electrical corporations, wholesale electrical cooperatives and independent energy producers --

a. any coal mine, uranium mine, geothermal well or other fuel source development

b. any electrical generating facility of ten megawatts or greater

c. any electrical transmission line ten miles or more in length and the design voltage of which is:

i. large utilities - 138 kilovolts or greater

ii. small utilities - 69 kilovolts or greater

telephone and telegraph corporations --

a. any new central office or complete replacement of an existing central office in Utah the size of which is:

i. large utilities - 5,000 or more access lines in service

ii. small utilities - 500 or more access lines in service

water corporations --

a. any water well or spring development

b. any water storage reservoir

c. any water transmission pipeline one mile or more in length

sewerage corporations --

a. any sewer treatment facility

b. any sewer transmission pipeline one mile or more in length

heat corporations --

a. any heat production facility b. any heat transmission pipeline one-quarter mile or more in length

B. Each public utility shall file with the Commission, at least 30 days before its being consummated, a report of the sale, transfer or other disposition by that utility of utility assets having a book cost allocated to Utah in excess of the lesser of ten million dollars or five percent of gross investment in utility plant devoted to Utah service at the latest balance sheet date as set forth in its most recent annual report on file with the Commission.

C. Each public utility shall file with the Commission, at least 30 days before being placed into effect, a report of the construction, purchase, acquisition, sale, transfer or other disposition by that utility of nonutility assets having a book cost in excess of the lesser of twenty million dollars or ten percent of gross investment in utility plant devoted to Utah service at the latest balance sheet date as set forth in its most recent annual report on file with the Commission.

D. The utility shall file with the Commission an original and 12 copies of the report on each transaction described in the foregoing sections.

E. The report of each transaction shall contain, at least, the following information:

The utility's name and address, and a brief description of the utility's service territory;
Description of the subject transaction, the purposes and reasons for the transaction, and the location and purposes of the subject assets;
Information to show that the utility has or will get any required consent, franchise or permit from the proper county, city, or other public authority and any other necessary authorizations from the appropriate governmental bodies;
Dates assets are to be constructed, bought or otherwise acquired, or sold, transferred or otherwise disposed of;
Estimated construction cost of the assets or book cost and accumulated depreciation, depletion or amortization of assets acquired, sold, transferred or disposed of;
Information to show that any proposed line, plant or system will not conflict with or adversely affect the operations of any existing certificated public utility which supplies the same product or service to the public and that it will not constitute an extension into the territory certificated to any existing public utility which supplies the same product or service to the public;
Financial statements of the utility demonstrating adequate financial capacity to support the construction or acquisition of the proposed assets, and information concerning any proposed financing arrangements necessary to finance the proposed assets;
Estimated effect of the transaction on current utility rates and charges; and
Other information as the Commission may require.

F. Any report filed with the Commission shall be updated or supplemented if there are significant changes in the subject transaction.

History

KEY: public utilities, rules and procedures, contracts
Date of Last Change: 1989
Notice of Continuation: July 9, 2024
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7

Utah Admin. Code R746-401-4 Commission Action

Reserved.

History

KEY: public utilities, rules and procedures, contracts
Date of Last Change: 1989
Notice of Continuation: July 9, 2024
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7

R746-402 Rules Governing Reports of Accidents by Electric, Gas, Telephone, and Water Utilities

Utah Admin. Code R746-402-1 Reporting Accidents

A. As hereinafter specified, a report should be made to this Commission of every accident occurring on the property, or involving the property of a public utility, or resulting from the construction, operation, and maintenance of its properties, whenever it may be located in Utah.

B. Accidents to be Reported--Accidents should be reported that result in one or more of the following circumstances:

as required by federal law;
death of a person;
damage to property amounting to more than $1,000,000 or one percent of utility revenues, whichever is less. In determining the cost of property damage under this rule, the damage shall be considered separately for each localized area.

C. Instructions for Reporting Accidents--

Accidents resulting in the loss of life, or damages to property which in the opinion of the reporting officers are of major importance, shall be reported to this Commission by telephone.
Written reports of accidents resulting in loss of life, or damages to property, including those previously reported by telephone, shall be submitted to this Commission within a period of ten days from the date on which the accident occurred.

History

KEY: public utilities, rules and procedures
Date of Last Change: 1987
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-14

R746-404 Regulation of Promotional Programs of Electric and Gas Public Utilities

Utah Admin. Code R746-404-1 General Provisions

An application for approval of promotional programs of the above utilities shall be filed with the Public Service Commission of Utah 30 days before they are to be put into effect. An application for a promotional program requires a docket number and must include a proposed tariff section. The application must also include a forecasted description of net ratepayer benefit. A copy of the application shall be sent by first class mail to the Division of Public Utilities, Committee of Consumer Services, utilities with competing programs and to any other party so designated by the Commission. Any affected person desiring a hearing should notify the Commission in writing within 20 days of the filing of the application. If no person requests a hearing or additional time to investigate, the application shall take effect at the expiration of 30 days from the time of filing. If a hearing or additional time is requested, an order by the Commission is needed for program approval.

History

KEY: public utilities, rules and procedure, programs
Date of Last Change: 1988
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7

Utah Admin. Code R746-404-2 Regulation of Promotional Programs of Electric and Gas Public Utilities

"Promotional Programs" shall include all programs that allow, give, or promise cash, replacement allowances, discounts, rebates, appliances, equipment, or facilities to a person, firm, association, corporation, or group whatsoever, in consideration of the use of the service of the electric or gas public utility offering the inducement, excluding line extensions made pursuant to rules and orders on file with the Commission. Testing, research, or demonstration projects are not considered promotional programs for purposes of this rule.

History

KEY: public utilities, rules and procedure, programs
Date of Last Change: 1988
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7

Utah Admin. Code R746-404-3 Regulation of Promotional Programs of Electric and Gas Public Utilities

The following standards shall apply to promotional programs:

A. No promotional program shall be implemented without prior Commission approval.

B. A promotional program may not vary the rates, charges, rules and regulations of the tariff pursuant to which service is rendered to the customer without prior Commission approval.

C. Each promotional program must be uniformly and contemporaneously available to all similarly situated customers.

D. The promotional program must be reasonably expected to promote the interests of the utility and its customers. There must be a demonstrable net ratepayer benefit.

History

KEY: public utilities, rules and procedure, programs
Date of Last Change: 1988
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7

R746-405 Filing of Tariffs for Gas, Electric, Telephone, and Water Utilities

Utah Admin. Code R746-405-1 General Provisions

A. Scope--The following rules for electricity, gas, telephone, and water utilities are designed to provide for:

the general form and construction of tariffs required by law to be filed with the Commission and open for public inspection,
the procedures for filing and publishing tariffs in Utah, and
the particular circumstances and procedures under which utilities may depart from their filed and effective tariffs.

B. Applicability--These rules apply to and govern utilities of the classes herein named, whether they begin service before or after the effective date of these rules, but they shall not affect a right or duty arising out of an existing rule or order in conflict herewith. The rules apply only to new tariff filings, and do not require the modification of tariffs which are effective on the date the rules are adopted. Each utility shall have on file with the Commission its current tariff. Each utility shall abide by the tariff as filed and approved by the Commission. The Commission at any time may direct utilities to make revisions or filings of their tariffs or a part thereof to bring them into compliance. These rules do not apply to a telecommunications corporation subject to pricing flexibility pursuant to 54-8b-2.3.

C. Definitions--

"Commission" means the Public Service Commission of Utah.
"Effective Date" means the date on which the rates, charges, rules and classifications stated in the tariff sheets first become effective, except as otherwise provided by statute. This date, in accordance with the statutory notice period, shall not be less than the 30th calendar day after the filed date, without the prior approval of the Commission. Unless otherwise authorized, rates shall be made effective for service rendered on or after the effective date.
"Filed Date" of tariff sheets submitted to the Commission for filing is the date the tariff sheets are date-stamped at the Commission's Salt Lake City office.
"Tariff" means the entire body of rates, tolls, rentals, charges classifications and rules collectively enforced by the utility, although the book or volumes incorporating the same may consist of one or more sheets applicable to distinct service classifications.
"Tariff Sheet" means the individual sheets of the volume constituting the entire tariff of a utility and includes the title page, preliminary statement, table of contents, service area maps, rates schedules and rules.
"Utility" means a gas, electric, telecommunications, water or heat corporation as defined in Section 54-2-1.

D. Separate Utility Services--

Utilities engaged in rendering two or more classes of utility services, such as both gas and electric services, shall file with the Commission a separate tariff covering each class of utility service rendered.
Utilities planning to jointly provide utility service shall designate one utility to file a joint tariff for the service with the other utility or utilities filing a concurrence with the joint tariff.

E. Withdrawal of Service--No utility of a class specified herein shall, without prior approval of the Commission, withdraw from public service entirely or in any portion of the territory served.

History

KEY: rules and procedures, public utilities, tariffs, utility regulations
Date of Last Change: November 7, 2013
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-2; 54-3-3; 54-3-4; 54-4-1; 54-4-4; 54-7-12

Utah Admin. Code R746-405-2 Format and Construction of Tariffs

A. Format--Tariffs shall be in loose-leaf form for binding in a stiff-backed book or books as required and consist of parts or subdivisions arranged in order set forth as follows:

Title:

"TARIFF"

Applicable to

Kind of

SERVICE

NAME OF UTILITY

Table of Contents: a complete index of numbers and titles of effective sheets listed in the order in which the tariff sheets are arranged in the tariff book. Table of contents sheets shall bear sheet numbers and be in the form set forth in Subsection R746-405-2(C).
Preliminary statement: a brief description of the territory served, types and classes or service rendered and general conditions under which the service is rendered. Preliminary sheets shall bear sheet numbers and be in the form set forth in Subsection R746-405-2(C).
Service area maps: maps for telecommunication utilities shall clearly indicate the boundaries of the service area, the principal streets, other main identifying features therein, the general location of the service area in relation to nearby cities, major highways or other well-known reference points and the relation between service area boundaries and map references. Service area maps shall be approximately 8-1/2 x 11 inches in size, or folded to that size in order to fit within the borders of the space provided on tariff sheets. Maps for gas, water and electric utilities shall clearly indicate the boundaries of the service area.

B. Tariff Books--

Utilities shall maintain their presently effective tariff at each business office open to the public. Utilities with public websites shall provide access to a searchable copy of the utility's presently effective tariff.
Utilities shall remove canceled tariff sheets from their currently effective tariffs. Utilities shall permanently retain a file of canceled tariff sheets.

C. Construction of Tariffs for Filing--

The loose-leaf sheets used in tariffs shall be of paper stock not less than 16 lb. bond or of equal durability and 8-1/2 x 11 inches in size and electronically printed or copied. Tariffs may not be hand-written. One side of a sheet only may be used and a binding margin of at least 1-1/8 inches at the left of the sheet.

a. The tariff sheets of each utility shall provide the following information:

i. the name of the utility;

ii. the sheet, or page number, along with information to designate whether it is the first version of the sheet or whether the sheet has been revised since it was originally issued. Sheets shall be numbered consecutively;

iii. the number of the advice letter with which the sheet is submitted to the Commission or the docket number if the sheet is filed in accordance with a report and order of the Commission;

iv. information to indicate the date the sheet was filed with the Commission and the date the sheet became effective.

Tariffs shall include the following information and as nearly as possible in the following order:

a. schedule number or other designation;

b. class of service, such as business or residential;

c. character of applicability, such as heating, lighting or power, or individual and party-line service;

d. territory to which the tariff applies;

e. rates, in tabular form if practicable;

f. special conditions, limitations, qualifications and restrictions. The conditions shall be brief and clearly worded to cover all special conditions of the rate. Amounts subject to refund shall be specified.

If a rate schedule or a rule is carried forward from one sheet to another, the word "Continued" shall be shown.

D. Submission of Tariff Sheets and Advice Letters--

Tariff sheets shall be transmitted by an advice letter or in response to a Commission order. A revised table of contents sheet shall be transmitted with each proposed tariff change, if the change requires alteration of the table of contents.
An original of each advice letter and tariff sheet shall be filed with the commission, along with the number of paper copies specified at http://www.psc.utah.gov/filingrequirements.html. In addition, each advice letter and tariff filing shall be presented as an electronic word processing or spreadsheet document that is substantially the same as the filed paper copy.
Advice letters shall include the following:

a. sheet numbers and titles of the tariff sheets being filed, together with the sheet numbers of the sheets being canceled;

b. essential information as to the reasons for the filing;

c. dates on which the tariff sheets are proposed to become effective;

d. increases or decreases, more or less restrictive conditions, or withdrawals;

e. in the case of an increase authorized by the Commission, reference to the report and order authorizing the increase and docket number;

f. if the filing covers a new service not previously offered or rendered, an explanation of the general effect of the filing, including a statement as to whether present rates or charges will be affected, or service withdrawn from a previous user and advice whether the proposed rates are cost-based;

g. a statement that the tariff sheets proposed do not constitute a violation of state law or Commission rule. The filing of proposed tariff sheets shall of itself constitute the representation of the filing utility that it, in good faith, believes the proposed sheets or revised sheets to be consistent with applicable statutes, rules and orders. The Commission may, after hearing, impose sanctions for a violation hereof.

If authorized to file a notice that the effective tariff of a previous owner for the same service area is being adopted, the notice of adoption shall be submitted in the form of an advice letter.
Advice letters shall be numbered annually and chronologically. The first two digits represent the year followed by a hyphen and two or more digits, beginning with 01, as submitted by a utility for class of utility service rendered.
If a change is proposed on a tariff sheet, both clean and marked-up versions of the tariff sheet shall be included as part of the advice letter filing. The marked-up version of the proposed revised tariff sheet shall indicate deleted text by strike- through and additional text by underline.
At the time of making a tariff filing with the Commission, the utility shall furnish a copy of the advice letter and a copy of each related tariff sheet to:

a. the Division;

b. the Office; and

c. interested parties having requested notification.

If the suspension is lifted by order of the Commission, the filing shall be resubmitted under a new advice letter number. If the suspension is made permanent by the Commission, the advice letter number shall not be used again.

E. Approval of Filed Tariff Sheets--

Utility tariffs may not increase rates, charges or conditions, change classifications which result in increases in rates and charges or make changes which result in lesser service or more restrictive conditions at the same rate or charge, unless a showing has been made before and a finding has been made by the Commission that the increases or changes are justified. This requirement does not apply to electrical or telephone cooperatives in compliance with Section 54-7-12(6), or by telecommunications utilities with less than 5,000 subscribers access lines in compliance with Section 54-7-12(7).
New tariff sheets covering a service or commodity not previously furnished or supplied, or revised tariff sheets, not increasing, or increasing pursuant to Commission order, a rate, toll, rental or charge, may be filed by the advice letter. Tariff sheets, unless otherwise authorized by the Commission either on complaint or on its own motion, shall become effective after not less than 30 calendar days after the filed date.
Upon application in the advice letter and for good cause shown, the Commission may authorize tariff sheets to become effective on a day before the end of the 30 day notice period.

4.a. The Commission may reject, suspend, alter, or modify the effectiveness of tariff sheets that do not conform to these rules, which have alterations on the face thereof or contain errors, or for other reasons as the Commission determines.

b. Any party recommending that the Commission reject, suspend, alter, or modify the effectiveness of tariff sheets shall file its request no later than 15 calendar days after the date the tariff sheets were filed with the Commission.

c. The Commission shall notify the utility of its action by a letter stating the reasons for the action.

d. Rejected tariff sheets shall be retained in the utility's file of canceled and superseded sheets.

e. Advice letter numbers of rejected filings shall not be reused.

F. Public Inspection of Tariffs--

Utilities shall maintain, open for public inspection at their main office, a copy of the complete tariff and advice letters filed with the Commission. Utilities shall maintain, open for public inspection, copies of their effective tariffs applicable within the territories served by the offices.
Utilities shall post in a conspicuous place in their major manned business office, a notice to the effect that copies of the schedule of applicable rates in the territory are on file and may be inspected by anyone desiring to do so.

G. Contracts Authorized by Tariff--Tariff sheets expressly providing that a written contract shall be executed by a customer as a condition to the receipt of service, relating either to the quantity or duration of service or the installation of equipment, the contract need not be filed with the Commission. A copy of the general form of contract to be used in each case shall be filed with the tariff as provided in these rules.

This contract shall be subject to changes or modifications by the Commission.

History

KEY: rules and procedures, public utilities, tariffs, utility regulations
Date of Last Change: November 7, 2013
Notice of Continuation: February 3, 2023
Authorizing, and Implemented or Interpreted Law: 54-3-2; 54-3-3; 54-3-4; 54-4-1; 54-4-4; 54-7-12

R746-406 Advertising by Electric and Gas Utilities

Utah Admin. Code R746-406-1 General Provisions

Except as provided in Subsection C, no electric or gas utility may recover from a person, other than shareholders or other owners of the utility, a direct or indirect expenditure by the utility for political, promotional or institutional advertising.

A. For the purposes of this rule:

The term "advertising" means the commercial use, by an electric or gas utility, of media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to the utility's consumers.
The term "political advertising" means advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to an issue of public dispute.
The term "promotional advertising" means advertising for the purpose of encouraging a person to select or use the service or additional service of an electric or gas utility or the selection or installation of an appliance or equipment designed to use that utility's service.
The term "institutional advertising" means advertising which is designed to create, enhance, or sustain an electric or gas utility's public image or good will with the general public or the utility's customer.

B. For the purposes of this rule, the terms "political advertising," "promotional advertising," and institutional advertising" do not include:

advertising which informs consumers how they can conserve energy, use energy wisely, or reduce peak demand for energy;
advertising required by law or regulation, including advertising required under Part 1 of Title II of the National Energy Conservation Policy Act;
advertising regarding service interruption, safety measures, or emergency conditions;
advertising concerning employment opportunities with the utility; or
an explanation of existing or proposed rate schedules, or notifications of hearing thereon, or
information about the availability of energy assistance programs.

C. Notwithstanding the foregoing provisions, expenditures relating to promotional and institutional advertising may be recovered in rates if the Commission has found, after due consideration in either a rate case or separate proceeding prior to implementation, that the advertising is in the public interest.

History

KEY: public utilities, advertising
Date of Last Change: 1988
Notice of Continuation: July 11, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-7

R746-407 Annualization of Test-year Data

Utah Admin. Code R746-407-1 Applicability

A. This rule shall apply to each gas corporation, electrical corporation, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer (except independent energy producers exempt from the jurisdiction of the Commission) operating as a public utility in the state of Utah under the jurisdiction of the Commission. This rule will enable the Commission to more accurately coordinate a utility's rates with the utility's anticipated revenues and costs by recognizing that some of the conditions which arise during a test period are ongoing and must be spread over the entire period.

History

KEY: rules and procedures, rates, regulations, annualization
Date of Last Change: 1990
Notice of Continuation: September 26, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-4

Utah Admin. Code R746-407-2 Definitions

For purposes of this rule:

A. "Annualize" or "annualization" shall refer to adjustments made to test-year data to reflect the partial-period effects of events that occurred or were ongoing during only a portion of the test year and are either recurring or have terminated.

B. "Price-level change" shall mean a change in the utility's costs or revenues that occurs or would occur with no change in the level of the utility's operations.

C. "Volume-level change" shall mean a change in the utility's costs or revenues due to changes in the level of the utility's operations.

D. "Interdependent investment/revenue/cost relationships" shall mean relationships among investments, revenues, and costs such that a change in one produces a change in one or both of the others.

History

KEY: rules and procedures, rates, regulations, annualization
Date of Last Change: 1990
Notice of Continuation: September 26, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-4

Utah Admin. Code R746-407-3 Criteria

An item of test-year data may be annualized in the determination of a utility's rates if it meets the following criteria:

A. Annualization of price-level changes will normally be allowed.

B. Annualization of volume-level changes with minimal interdependent investment/revenue/cost relationships will normally be allowed.

C. Annualization of volume-level changes with significant interdependent investment/revenue/cost relationships will be considered on a case-by-case basis, and annualization of such changes will not constitute precedent.

D. The change must be known to occur at a specific moment or moments in time.

E. The effects of the change must be measurable.

F. The change must occur on or before the effective date of a final Commission order setting rates.

G. The change must be expected to be ongoing after final rates become effective.

History

KEY: rules and procedures, rates, regulations, annualization
Date of Last Change: 1990
Notice of Continuation: September 26, 2025
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-4-4

R746-409 Pipeline Safety

Utah Admin. Code R746-409-1 General Provisions

A. Scope and Applicability -- Pursuant to Title 54, Chapter 13, Natural Gas Pipeline Safety, Rule R746-409 shall apply to persons engaged in the transportation of gas as defined in CFR Title 49, Parts 191 and 192.

B. Adoption of parts of CFR Title 49 -- The Commission incorporates by reference the following parts of CFR Title 49, effective September 1, 2023:

Part 190 with the exclusion of Part 190.223, which is superseded by Section 54-13-8, Violation of chapter -- Penalty;
Part 191;
Part 192;
Part 193;
Part 198; and
Part 199.

C. Persons engaged in the transportation of gas, including distribution of gas through a master-metered system, shall comply with the requirements of CFR Title 49, identified in Subsection R746-409-1(B), including the minimum safety standards.

History

KEY: rules and procedures, safety, pipelines
Date of Last Change: July 8, 2024
Notice of Continuation: February 18, 2026
Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6

Utah Admin. Code R746-409-2 Definitions

The following definitions apply to this rule:

A. "Authorized Inspector" means a person employed or authorized by the Commission or the director of the Division.

B. "CFR" means the Code of Federal Regulations.

C. "Commission" means the Public Service Commission of Utah.

D. "Division" means the Division of Public Utilities, Utah Department of Commerce.

E. "Federally Reportable Incident" has the same meaning set forth in CFR Title 49, Part 191.3, Definitions, Incident.

F. "Operator" has the same meaning set forth in CFR Title 49, Part 191.3, Definitions, Operator.

G. "Part 190" means CFR Title 49, Part 190, Pipeline Safety Programs and Rulemaking Procedures.

H. "Part 191" means CFR Title 49, Part 191, Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports.

I. "Part 192" means CFR Title 49, Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards.

J. "Part 198" means CFR Title 49, Part 198, Regulations for Grants to Aid State Pipeline Safety Programs.

K. "Part 199" means CFR Title 49, Part 199, Drug and Alcohol Testing.

L. "Pipeline Facility" has the same meaning set forth in CFR Title 49, Part 191.3, Definitions, Pipeline or Pipeline system.

M. "State Reportable Incident" means an event that falls within the definition of a federally reportable incident or a safety-related condition as identified in CFR Title 49, Part 191.23, Reporting safety-related conditions, or meets one or more of the following:

Results in damage to any segment of:

a. steel main, 12 inches or greater in diameter; or

b. transmission pipeline;

Requires removal from service or repair of any segment of:

a. steel main, 12 inches or greater in diameter; or

b. transmission pipeline;

Results in property damage of $15,000 or more, including the loss to the operator, others, or both, but excluding the cost of gas that is lost;
Results in the loss of gas service to ten or more customers; or
Results in the known evacuation of any highly populated areas including commercial businesses, office buildings, eateries, schools, churches, or public meeting places.

N. "Transportation of Gas" has the same meaning set forth in CFR Title 49, Part 191.3, Definitions, Transportation of gas.

History

KEY: rules and procedures, safety, pipelines
Date of Last Change: July 8, 2024
Notice of Continuation: February 18, 2026
Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6

Utah Admin. Code R746-409-3 Inspections

A. Access for inspection

During Normal Business Hours -- During normal business hours, an authorized inspector, upon presentation of appropriate credentials, may enter an operator's offices and pipeline facilities to inspect and examine the records and pipeline facilities, if the records and pipeline facilities are relevant to determining compliance with applicable state and federal pipeline safety statutes, rules, and regulations.
Outside of Normal Business Hours -- For incidents occurring outside of normal business hours, an authorized inspector, upon presentation of appropriate credentials, may enter an operator's pipeline facilities involved in or associated with an incident to inspect and examine the pipeline facilities, if inspection of the pipeline facility is relevant to determining compliance with applicable state and federal pipeline safety statutes, rules, and regulations.

B. Reasons for Inspection -- Inspections are ordinarily conducted pursuant to one of the following:

Routine inspection, including a compliance inspection;
A complaint received from a member of the public;
Information obtained from a previous inspection;
A pipeline incident; or
When considered appropriate by the Commission.

C. Testing -- To the extent necessary to carry out its responsibilities, the Commission may require testing of portions of intrastate pipeline facilities that have been involved in or affected by an incident.

D. Further Action -- When information obtained from an authorized inspector or from other appropriate sources shows that further action is warranted, the Division shall issue a warning letter to an operator and, if necessary, initiate proceedings, including seeking the issuance of Commission subpoenas to compel the production of records and the taking of testimony, hearings, and related procedures, before the Commission.

History

KEY: rules and procedures, safety, pipelines
Date of Last Change: July 8, 2024
Notice of Continuation: February 18, 2026
Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6

Utah Admin. Code R746-409-4 Reporting and Notification Requirements

A. An operator must comply with the notification and reporting requirements contained in Part 191 and Section R746- 409-4.

B. Telephonic notification to the Division.

For incidents requiring immediate notice under Part 191.5, an operator must also provide contemporaneous telephonic notification of the information required under Part 191.5 to the Division at (844)-GAS-2525 or (844)-427-2525.
State Reportable Incidents. An operator shall provide telephonic notice to the Division at (844)-GAS-2525 or (844)- 427-2525 of each state reportable incident, including the location and known details when reporting, at the earliest practicable moment when safely possible following discovery.

C. Written Reports required by Part 191. For the reports required under Part 191, including updates and supplemental reports, an operator shall contemporaneously furnish these reports to the Commission and the Division in accordance with Subsection R746-409-4(F).

D. Excavation Damage Quarterly Report. Each operator with more than 10,000 customers shall file a quarterly excavation damage report within 60 days after the end of each quarter with the Commission and the Division in accordance with Subsection R746-409-4(F) on a form approved by the Division.

E. Reports Relating to Safety Issues. An operator shall prepare and file reports relating to safety issues as requested and described by the Commission or the Division in accordance with Subsection R746-409-4(F).

F. Filing of Written Reports:

Each required written report shall be filed with the Commission in accordance with the Commission's filing requirements posted on the Commission's website at https://psc.utah.gov/.
Each required written report shall be filed electronically with the Division at the following e-mail address: pipelinesafety@utah.gov.

History

KEY: rules and procedures, safety, pipelines
Date of Last Change: July 8, 2024
Notice of Continuation: February 18, 2026
Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6

Utah Admin. Code R746-409-5 Written Plans

An operator must develop and implement the plans required in Parts 192 and 199, including operations and maintenance plans, emergency response plans, public awareness plans, operator qualifications plans, anti-drug and alcohol misuse plans, and integrity management plans, including both transmission and distribution. These plans must be made available to the Commission or the Division upon request.

History

KEY: rules and procedures, safety, pipelines
Date of Last Change: July 8, 2024
Notice of Continuation: February 18, 2026
Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6

Utah Admin. Code R746-409-6 Remedies

A. Rules of Practice and Procedure -- The Commission's Administrative Procedures Act Rule, Rule R746-1, shall govern and control proceedings before the Commission regarding pipeline safety, with the exception of the additional remedies and procedures named in Section R746-409-6.

B. Hazardous Facility Order -- If the Commission finds, after notice and a hearing, that a particular intrastate pipeline facility is hazardous to life or property, it may issue a Hazardous Facility Order requiring the owner or operator of the intrastate pipeline facility to take corrective action. Civil penalties set forth in Section 54-13-8 may also be imposed. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action as may be appropriate.

C. Waiver of Notice and Hearing -- The Commission may waive the requirement for notice and hearing in Subsection R746-409-6(B) before issuing an order pursuant to this section when it or the Division determines that the failure to do so would result in the likelihood of serious harm to life or property. However, the Commission shall include in the order an opportunity for hearing as soon as practicable after issuance of the order.

D. Hazardous Conditions -- The Commission may find an intrastate pipeline facility to be hazardous under Subsection R746-409-6(B) if:

Under the facts and circumstances the Commission determines the particular facility is hazardous to life or property; or
The intrastate pipeline facility, or a component of, has been constructed or operated with equipment, material, or technique that the Commission determines is hazardous to life or property, unless the operator involved demonstrates to the satisfaction of the Commission that, under the particular facts and circumstances involved, that equipment, material, or technique is not hazardous to life or property.

E. Considerations -- In making a determination under Subsection R746-409-6(D)(2), the Commission may consider, if relevant:

The characteristics of the pipe and other equipment used in the intrastate pipeline facility involved, including its age, manufacturer, or physical properties, including its resistance to corrosion and deterioration, and the method of its manufacture, construction, or assembly;
The nature of the materials transported by the facility, including their corrosive and deteriorative qualities, the sequence in which the materials are transported, and the pressure required for the transportation;
The aspects of the areas in which the intrastate pipeline facility is located, in particular the climatic and geologic conditions, including soil characteristics, associated with the areas, and the population density and population and growth patterns of these areas;
A recommendation of the National Transportation Safety Board issued in connection with an investigation conducted by the board;
Other factors as the Commission may consider appropriate.

F. Contents of Hazardous Facility Order -- A Hazardous Facility Order issued by the Commission shall contain the following information:

A finding that the pipeline facility is hazardous to life or property;
The relevant facts that form the basis for the finding;
The legal basis for the order;
The nature and description of particular corrective action required of the respondent;
The date by which the required action must be taken or finished and, when appropriate, the duration of the order.

G. No Longer Hazardous -- The Commission shall rescind or suspend a Hazardous Facility Order when it determines that the facility is no longer hazardous to life or property.

History

KEY: rules and procedures, safety, pipelines
Date of Last Change: July 8, 2024
Notice of Continuation: February 18, 2026
Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6

R746-420 Requests for Approval of a Solicitation Process

Utah Admin. Code R746-420-1 General Provisions

(1) A Soliciting Utility filing for approval of a proposed Solicitation and Solicitation Process in accordance with the Energy Resource Procurement Act (Act) shall file a request for approval of the proposed Solicitation and Solicitation Process (Application) which shall include testimony and exhibits which provide:

(a) A description of the Solicitation Process the Soliciting Utility proposes to use;

(b) A copy of the complete proposed Solicitation with appendices, attachments and draft pro forma contracts if applicable;

(d) Descriptions of the criteria and the methodology, including any weighting and ranking factors, to be used to evaluate bids;

(e) Information directing parties to all questions and answers regarding the Solicitation and Solicitation Process posted on an appropriate website;

(f) Information on how participants in the pre-issuance Bidders' conference should submit advance written questions to the Soliciting Utility that are to be addressed at the pre-issuance Bidder's conference;

(g) A list of potentially interested parties to whom the Soliciting Utility has sent or will send notices of the filing of the request for approval of the proposed solicitation with the Commission; and

(h) Other information as the Commission may require.

(2) At the time of filing, or earlier if practicable, the Soliciting Utility shall provide to the Independent Evaluator, data, information and models necessary for the Independent Evaluator to analyze and verify the models.

(3) Pre Bid-Issuance Procedures. Prior to applying for approval of a proposed Solicitation:

(a) The Soliciting Utility shall give advance notice to the Commission as soon as practicable that it intends to conduct a Solicitation Process but not later than 60 days prior to the filing of the draft Solicitation and Solicitation Process to enable the Commission to promptly hire an Independent Evaluator;

(b) The Soliciting Utility shall hold a pre-issuance Bidders' conference in Utah, with both in-person and conference call participation at least 15 days prior to the time the Solicitation is filed for approval. Interested persons may attend this conference. The Soliciting Utility shall ensure that all questions and answers, made at the pre-issuance Bidder's conference, are provided or recorded in writing to the extent practicable;

(c) At the pre-issuance Bidder's conference, the Soliciting Utility should describe to the attendees in attendance the process, timeline for Commission review of the draft Solicitation and opportunities for providing input, including sending comments and/or questions to the Independent Evaluator; and

(d) No later than the date of filing of the proposed Solicitation, the Soliciting Utility shall issue a notice to potential bidders regarding the timeline for providing comments and other input regarding the draft Solicitation.

(4) Process for Approval of a Solicitation.

(a) Comments on the Soliciting Utility's Application shall be filed with the Commission within 45 days after the filing of the Application. The Independent Evaluator shall provide comments within 55 days after the filing of the Application. The Soliciting Utility shall file reply comments within 65 days after the filing of the Application.

(b) An Approved Solicitation and related documents shall be posted on an appropriate website as determined by the Commission order approving the Solicitation. Notice of the website posting of a Solicitation shall be sent to the potential bidders identified by the Soliciting Utility and as otherwise directed by the Commission.

(c) All material modifications to the terms and schedule of the Approved Solicitation must be approved by the Commission.

History

KEY: significant energy resource, solicitation process, order to proceed, filing requirements
Date of Last Change: August 28, 2007
Notice of Continuation: March 17, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

Utah Admin. Code R746-420-3 Solicitation Process

(1) General Requirements of a Solicitation Process.

(a) All aspects of a Solicitation and Solicitation Process must be fair, reasonable and in the public interest.

(b) A proposed Solicitation and Solicitation Process must be reasonably designed to:

(i) Comply with all applicable requirements of the Act and Commission rules;

(ii) Be in the public interest taking into consideration:

(A) whether they are reasonably designed to lead to the acquisition, production, and delivery of electricity at the lowest reasonable cost to the retail customers of the Soliciting Utility located in this state;

(B) long-term and short-term impacts;

(D) reliability;

(E) financial impacts on the Soliciting Utility; and

(F) other factors determined by the Commission to be relevant;

(iii) Be sufficiently flexible to permit the evaluation and selection of those resources or combination of resources determined by the Commission to be in the public interest;

(iv) Be designed to solicit a robust set of bids to the extent practicable; and

(v) Be commenced sufficiently in advance of the time of the projected resource need to permit and facilitate compliance with the Act and the Commission rules and a reasonable evaluation of resource options that can be available to fill the projected need and that will satisfy the criteria contained within Section 54-17-302(3)(c). The utility may request an expedited review of the proposed Solicitation and Solicitation Process if changed circumstances or new information require a different acquisition timeline. The Soliciting Utility must demonstrate to the Commission that the timing of the Solicitation Process will nevertheless satisfy the criteria established in the Act and in Commission rules.

(2) Screening Criteria - Screening in A Solicitation Process.

(a) In preparing a Solicitation and in evaluating bids, the Soliciting Utility shall develop and utilize, in consultation with the Independent Evaluator (if then under contract) and the Division of Public Utilities, screening and evaluation criteria, ranking factors and evaluation methodologies that are reasonably designed to ensure that the Solicitation Process is fair, reasonable and in the public interest.

(b) Reasonable initial screening criteria may include, but are not necessarily limited to, reasonable and nondiscriminatory evaluation of and initial rankings based upon the following factors:

(i) Cost to utility ratepayers;

(ii) Timing of deliveries;

(iii) Point of delivery;

(iv) Dispatchability/flexibility;

(v) Credit requirements;

(vi) Level of change to pro forma contracts included in an approved Solicitation Process;

(vii) Transmission, Interconnection and Integration costs and benefits;

(viii) Commission-approved consideration of impacts of direct or inferred debt;

(ix) Feasibility, including project timing and the process for obtaining necessary rights and permits;

(x) Adequacy and flexibility of fuel supplies;

(xi) Choice of cooling technology and adequacy of water resources;

(xii) Systemwide benefits of transmission infrastructure investments associated with a project;

(xiii) Allocation of project development risks, including capital cost overruns, fuel price risk and environmental regulatory risk among project developer, utility and ratepayers; and

(xiv) Environmental impacts.

(c) In developing the initial screening and evaluation criteria, the Soliciting Utility, in consultation with the Independent Evaluator (if then under contract) and the Division of Public Utilities, shall consider the assumptions included in the Soliciting Utility's most recent Integrated Resource Plan (IRP), any recently filed IRP Update, any Commission order on the IRP or IRP Update and in its Benchmark Option.

(d) The Soliciting Utility may but is not required to consider non-conforming bids to the Request For Qualifications (RFQ) or Request For Proposals (RFP). The Soliciting Utility will provide advance notice to the Independent Evaluator of its decision consider a non-conforming bid.

(3) Screening Criteria - Request for Qualifications and Request of Proposals.

(a) Prior to the deadline for responding to the RFP, the Soliciting Utility may utilize a RFQ.

(b) The Independent Evaluator will provide each of the bidders with a Bid number once the Soliciting Utility, in consultation with the Independent Evaluator, has determined that the bidder has met the criteria under the RFQ.

(c) Reasonable RFQ screening criteria may include, but are not necessarily limited to, reasonable and nondiscriminatory evaluation of the following factors:

(i) Credit requirements and risk;

(ii) Non-performance risk;

(iii) Technical experience;

(iv) Technical and financial feasibility; and

(v) Other reasonable screening criteria that are applied in a fair, reasonable and nondiscriminatory manner.

(d) The RFQ should instruct each potential bidder to state in its RFQ response whether it is an affiliate of the Soliciting Utility or will contract with an affiliate of the Soliciting Utility.

(4) Disclosures. If a Solicitation includes a Benchmark Option, the Solicitation shall include at least the following information and disclosures:

(a) Whether the Benchmark Option will or may consist of a Soliciting Utility self-build or owned option (Owned Benchmark Resource) or if it is a purchase option (Market Benchmark Resource);

(b) If an Owned Benchmark Option is used, a description of the facility, fuel type, technology, efficiency, location, projected life, transmission requirements and operating and dispatch characteristics of the Owned Benchmark Option. If a Market Benchmark Option is used, the Soliciting Utility must disclose that a market option will be utilized and any inputs that will be utilized in the evaluation;

(c) A description and examples of the manner in which resources of differing characteristics or lengths will be evaluated;

(d) That bids will receive Bid numbers from the Independent Evaluator. The blinded personnel will not have access to any information concerning the relationship between the Bid numbers and the Blinded bids until after selection of the final short list;

(e) Assurances that resource evaluations will be conducted in a fair and non-preferential manner in comparison to the Benchmark Option;

(f) Assurances that the Benchmark Option will be validated by the Independent Evaluator and that no changes to any aspect of the Benchmark Option will be permitted after the validation of the Benchmark Option by the Independent Evaluator and prior to the receipt of bids under the RFP and that the Benchmark Option will not be subject to change unless updates to other bids are permitted; and

(g) Assurances that the non-blinded personnel will not share any non-blinded information about the bidders with employees or agents of a Soliciting Utility or its affiliates who are or may be involved in the development of a Solicitation, the evaluation of bids, or the selections of resources (Evaluation Team) until after selection of the final shortlist.

(5) Disclosures Regarding Evaluation Methodology. A Solicitation shall include a clear and complete description and explanation of the methodologies to be used in the evaluation and ranking of bids, including a complete description of:

(a) All evaluation procedures, factors and weights to be considered in the RFQ, initial screening and final evaluation of bids;

(b) Credit and security requirements;

(d) The Solicitation schedule.

(6) Disclosures Regarding Independent Evaluator. The Solicitation shall describe the Independent Evaluator's role in a manner consistent with Section 54-17-203, including:

(a) An explanation of the role of the Independent Evaluator;

(b) Contact information for the Independent Evaluator; and

(c) Directions and encouragement for potential bidders to contact the Independent Evaluator with any questions, comments, information or suggestions.

(7) General Requirements. The Solicitation Process must:

(a) Satisfy all applicable requirements of the Act and Commission rules and be fair, reasonable and in the public interest;

(b) Clearly describe the nature and all relevant attributes of the requested resources;

(c) Include clear descriptions of the amounts and types of resources requested, the required timing of deliveries, acceptable places of delivery, pricing options, transmission constraints, requirements and costs that are known at the time, scheduling requirements, qualification requirements, bid and selection formats and procedures, price and non-price factors and weights, credit and security requirements and all other information reasonably necessary to facilitate a Solicitation Process in compliance with the Act and Commission rules;

(d) Utilize an evaluation methodology for resources of different types and lengths which is fair, reasonable and in the public interest and which is validated by the Independent Evaluator;

(e) Ensure that bidders will timely receive the data and information determined by the Soliciting Utility, in consultation with the Independent Evaluator or as directed by the Commission, to be necessary to facilitate a fair and reasonable competitive bidding process and all information reasonably requested by bidders;

(f) Impose credit requirements and other participation and bidding requirements that are non-discriminatory, fair, reasonable, and in the public interest;

(g) Permit a range of commercially reasonable alternatives to satisfy credit and security requirements;

(h) Permit and encourage negotiation with final short-list bidders for the benefit of ratepayers taking into account increased value but also not unreasonably increasing risks to ratepayers;

(i) Provide reasonable protections for confidential information of bidders; subject to disclosure pursuant to appropriate protective order to the Independent Evaluator and otherwise as required by the Commission;

(j) Provide reasonable protections for confidential information of the Soliciting Utility, subject to disclosure pursuant to appropriate protective order to the Independent Evaluator and otherwise as required by the Commission;

(k) Ensure that if any information that may affect the Solicitation Process is to be shared by the Soliciting Utility with any bidder or with the employees or agents of a Soliciting Utility or its affiliates who may be involved in the development or submission of a Benchmark Option used in a Solicitation (Bid Team), excluding confidential, proprietary or competitively sensitive Benchmark- or bid-specific information or negotiations, that the same information is shared with all bidders in the same manner and at the same time.

(8) Process Requirements for Benchmark Option. In a Solicitation Process involving the possibility of a Benchmark Option:

(a) The Evaluation Team, including non-blinded personnel, may not be members of the Bid Team, nor communicate with members of the Bid Team during the Solicitation Process about any aspect of the Solicitation Process, except as authorized herein.

(b) The names and titles of each member of the Bid Team, the non-blinded personnel and Evaluation Team shall be provided in writing to the Independent Evaluator.

(c) The Evaluation Team may solicit written comments on matters of technical expertise from the members of the Bid Team. All such communications to or from the Bid Team must be in writing. The Independent Evaluator must participate in all such communications between members of the Bid Team and Evaluation Team and must retain a copy of all such correspondence to be made available in future Commission proceedings. The Independent Evaluator must also make available to the bidder about whose bid the Bid Team's technical expertise was sought a written copy of the correspondence between the Evaluation and Bid Teams. Any response to such correspondence from the bidder must be in writing to the Independent Evaluator and must be conveyed to the Evaluation Team. The Independent Evaluator must provide its own or third party verification of the reasonableness of any technical information solicited from the Bid Team or bidder before it may be used in any evaluation.

(d) There shall be no communications regarding blinded bid information, either directly or indirectly, between the non-blinded personnel and other Evaluation Team members until the final shortlist is determined except as authorized herein, which communications shall be done in the presence of the Independent Evaluator. The non-blinded personnel must not reveal to other Evaluation Team members, either directly or indirectly in any form, any blinded information regarding the identity of any of the bidders.

(e) The Evaluation Team shall have no direct or indirect contact or communication with any bidder other than through the Independent Evaluator until such time as a final shortlist is selected by the Soliciting Utility.

(f) Each member of the Bid Team and Evaluation Team, including non-blinded personnel, shall promptly execute a commitment and acknowledgment that he or she agrees to abide by all of the restrictions and conditions contained in these Commission rules. These acknowledgments shall be filed with the Commission within 10 days of their execution.

(g) Should any bidder or a member of the Bid Team attempt to contact a member of the Evaluation Team, such bidder or member of the Bid Team shall be directed to the Independent Evaluator for all information and such communication shall be reported to the Independent Evaluator by the Evaluation Team within seven business days.

(h) All relevant costs and characteristics of the Benchmark Option must be audited and validated by the Independent Evaluator prior to receiving any of the bids and are not subject to change during the Solicitation except as provided herein.

(i) All bids must be considered and evaluated against the Benchmark Option on a fair and comparable basis.

(j) Environmental risks and weight factors must be applied consistently and comparably to all bid responses and the Benchmark Option.

(k) The Solicitation must allow power purchase contract terms equivalent to the projected facility life of the Benchmark Option. The Commission may waive this requirement during review of the draft Solicitation and Solicitation Process for good cause shown.

(l) If the Soliciting Utility is subject to regulation in more than one state concerning the acquisition, construction, or cost recovery of a significant energy resource, the Soliciting Utility shall explain the degree to which it has taken into account the likelihood of resource approval and cost recovery in other jurisdictions in exercising its judgment in selecting the Benchmark Option.

(9) Issuance of A Solicitation.

(a) The Soliciting Utility shall issue the approved Solicitation promptly after Commission approval of the Solicitation and Solicitation Process.

(b) Bidders shall be directed to submit bids directly to the Independent Evaluator in accordance with the schedule contained in the Solicitation.

(c) The Soliciting Utility shall hold a pre-Bid conference in Utah, with both in-person and conference call participation available, at least 30 days before the deadline for submitting responsive bids.

(10) Evaluation of Bids.

(a) The Independent Evaluator shall "blind" all bids and supply blinded bids to the Soliciting Utility and make blinded bids available to the Division of Public Utilities subject to the provisions of an appropriate Commission-issued protective order.

(b) The Independent Evaluator shall supply such information regarding bidders and bids to non-blinded personnel as is necessary to enable such personnel to complete required credit and legal evaluations.

(d) Subject to an appropriate confidentiality agreement approved by the Commission, the Soliciting Utility shall timely provide to the Independent Evaluator and the Division of Public Utilities full access to all relevant personnel of the Soliciting Utility, together with all data, materials, models and other information, including confidential information and forward pricing curves, used or to be used in developing the proposed Solicitation, preparing the Benchmark Option, or screening, evaluating or selecting bids.

(e) The Soliciting Utility, monitored by the Independent Evaluator, shall conduct a thorough evaluation of all bids in a manner consistent with the Act, Commission Rules and the Solicitation.

(f) The Independent Evaluator shall pursue a reasonable combination of auditing the Soliciting Utility's evaluation and conducting its own independent evaluation, in consultation with the Division of Public Utilities, such that the Independent Evaluator can fulfill its duties and obligations as set forth in the Act and in Commission Rules.

(g) The Soliciting Utility, the Division of Public Utilities and the Independent Evaluator may request further information from any bidder. Any communications with bidders in this regard shall be conducted only through the Independent Evaluator. The Soliciting Utility shall be informed in a timely manner of the content of any communications between the Independent Evaluator and a bidder, but communications shall be conducted on a confidential or blinded basis.

(h) In order to facilitate both an independent evaluation function and an auditing function, the Independent Evaluator shall have access to all information and resources utilized by the Soliciting Utility in conducting its analyses. The Soliciting Utility shall provide the Independent Evaluator with complete and open access to all documents, information, data and models utilized by the Soliciting Utility in its analyses. The Independent Evaluator shall be allowed to actively and contemporaneously monitor all aspects of the Soliciting Utility's evaluation process in the manner it deems appropriate so that the Soliciting Utility's evaluation process is transparent to the Independent Evaluator. The Soliciting Utility shall have an affirmative responsibility to respond promptly and fully to any request for reasonable access or information made by the Division of Public Utilities or the

Independent Evaluator. To the extent the Independent Evaluator determines through its audit or independent evaluation that its evaluation and the Soliciting Utility's yield different results, the Independent Evaluator shall notify the Soliciting Utility and the Division of Public Utilities and attempt to identify reasons for the differences as early as practicable. Where practicable, the Soliciting Utility, the Division of Public Utilities and the Independent Evaluator shall attempt to reconcile such differences. If the differences cannot be reconciled to the Independent Evaluator's satisfaction, the Independent Evaluator will promptly notify the Commission.

(i) The Independent Evaluator shall be responsible for unblinding all bids included on the final short-list and providing relevant contact information to the Soliciting Utility for final negotiations with these short-listed bidders. The Independent Evaluator shall monitor any negotiations with short-listed bidders.

(j) The Division of Public Utilities and the Independent Evaluator may, through the Independent Evaluator, ask the PacifiCorp Transmission group to conduct reasonable and necessary transmission analyses concerning bids received. Any such analyses shall be provided to the Division of Public Utilities, the Independent Evaluator and the Soliciting Utility. The Soliciting Utility may, in a general rate case or other appropriate Commission proceeding, include and the Commission will allow, recovery in the Soliciting Utility's retail rates of any reasonable amounts paid by the Soliciting Utility for those analyses.

History

KEY: significant energy resource, solicitation process, order to proceed, filing requirements
Date of Last Change: August 28, 2007
Notice of Continuation: March 17, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

Utah Admin. Code R746-420-4 Qualifications of Independent Evaluator

(1) An Independent Evaluator must:

(a) Demonstrate qualifications, expertise and experience to perform all of the functions of the Independent Evaluator as contemplated by the Act and Commission rules;

(b) Demonstrate independence from the Soliciting Utility and potential bidders identified by the utility or determined by the Commission;

(c) Be experienced and competent to facilitate necessary communications, including operation and control of a website for all purposes contemplated by Commission rules;

(d) Provide statements of interest to the Commission which disclose:

(i) any contracts or other economic arrangements of any kind between the Soliciting Utility or likely bidders and the Independent Evaluator or any affiliates that currently exist, that have existed within the past ten years, or that have been promised or are expected in the future; and

(ii) memberships in trade organizations; and

(e) File with the Commission a full copy of any agreement of any type between the Independent Evaluator and the Soliciting Utility or any likely bidder or any affiliates.

(2) While performing services related to the Solicitation, the Independent Evaluator shall not accept employment from nor communicate with bidders and the Soliciting Utility regarding future employment or contract opportunities.

History

KEY: significant energy resource, solicitation process, order to proceed, filing requirements
Date of Last Change: August 28, 2007
Notice of Continuation: March 17, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

Utah Admin. Code R746-420-5 Payments to Independent Evaluator

(1) Payments to the Independent Evaluator selected by the Commission shall be paid by the Soliciting Utility in accordance with terms and conditions specified by the Commission.

(a) The Commission and the Independent Evaluator shall execute a contract approved by the Commission with such terms and conditions as the Commission may approve.

(b) Invoices for the Independent Evaluator's services shall be sent as directed by contract.

(c) After an invoice is reviewed and approved, it will be forwarded to the Soliciting Utility for payment to the Independent Evaluator.

(d) Unless the Commission directs otherwise in connection with a Solicitation, the expenses of the Independent Evaluator shall be reimbursed as follows:

(i) The Soliciting Utility is authorized to collect bid fees that are reasonable under the circumstances of up to $10,000 per bid to defray costs of the Independent Evaluator; and

(ii) The Soliciting Utility may, in a general rate case or other appropriate Commission proceeding, include and the Commission will allow, recovery in the Soliciting Utility's retail rates of any additional amounts paid by the Soliciting Utility for the Independent Evaluator.

History

KEY: significant energy resource, solicitation process, order to proceed, filing requirements
Date of Last Change: August 28, 2007
Notice of Continuation: March 17, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

Utah Admin. Code R746-420-6 Functions of Independent Evaluator

(1) The Independent Evaluator shall perform all functions contemplated by the Act or Commission rules, in coordination with and under the contract with the Commission.

(2) The functions of the Independent Evaluator shall include the following:

(a) Facilitate and monitor communications between the Soliciting Utility and bidders;

(b) Review and validate the assumptions and calculations of any Benchmark Option;

(d) Analyze, operate and validate all important models, modeling techniques, assumptions and inputs utilized by the Soliciting Utility in the Solicitation Process, including the evaluation of bids;

(e) Receive and "blind" bid responses;

(f) Provide input to the Soliciting Utility on:

(i) the development of screening and evaluation criteria, ranking factors and evaluation methodologies that are reasonably designed to ensure that the Solicitation Process is fair, reasonable and in the public interest in preparing a Solicitation and in evaluating bids;

(ii) the development of initial screening and evaluation criteria that take into consideration the assumptions included in the Soliciting Utility's most recent IRP, any recently filed IRP Update, any Commission order on the IRP or IRP Update and in its Benchmark Option;

(iii) whether a bidder has met the criteria specified in any RFQ and whether to reject or accept non-conforming RFQ responses;

(iv) whether and when data and information should be distributed to bidders because it is necessary to facilitate a fair and reasonable competitive bidding process or has been reasonably requested by bidders;

(v) negotiation of proposed contracts with successful bidders; and

(vi) other matters as appropriate in performing the duties of the Independent Evaluator under the Act and Commission rules, or as directed by the Commission;

(g) Ensure that all bids are treated in a fair and non-discriminatory manner;

(h) Monitor, observe, validate and offer feedback to the Soliciting Utility, the Commission, and the Division of Public Utilties on all aspects of the Solicitation and Solicitation Process, including:

(i) content of the Solicitation;

(ii) evaluation and ranking of bid responses;

(iii) creation of a short list(s) of bidders for more detailed analysis and negotiation;

(iv) post-Bid discussions and negotiations with, and evaluations of, short list bidders; and

(v) negotiation of proposed contracts with successful bidders;

(i) Offer feedback to the Soliciting Utility on possible adjustments to the scope or nature of the Solicitation or requested resources in light of bid responses;

(j) Solicit additional information on bids necessary for screening and evaluation purposes;

(k) Advise the Commission at all stages of the process of any unresolved disputes or other issues or concerns that could affect the integrity or outcome of the Solicitation Process;

(l) Analyze and attempt to mediate disputes that arise in the Solicitation Process with the Soliciting Utility and/or bidders, and present recommendations for resolution of unresolved disputes to the Commission;

(m) Participate in and testify at Commission hearings on approval of the Solicitation and Solicitation Process and/or approval of a Significant Energy Resource Decision;

(n) Coordinate as appropriate and as directed by the Commission with staff or evaluators designated by regulatory authorities from other states served by the Soliciting Utility;

(o) Perform such other evaluations and tasks as the Commission may direct;

(p) At the request of the Commission and subject to the existence or negotiation of appropriate contractual arrangements, participate in the evaluation of a request for an Order to Proceed under Section 54-17-304 and testify at any Commission hearings regarding the same; and

(q) No part or provision of this rule shall prevent or preclude the Commission from removing or dispensing with any function, responsibility, service or task of the Independent Evaluator in a particular case or proceeding as the Commission may determine is appropriate in the circumstances of such case or proceeding.

(3) Communications

(a) Communications between a Soliciting Utility and potential or actual bidders shall be conducted only through or in the presence of the Independent Evaluator. Bidder questions and Soliciting Utility or Independent Evaluator responses shall be posted on an appropriate website. The Independent Evaluator shall protect or redact competitively sensitive information from such questions or responses to the extent necessary.

(b) The Soliciting Utility may not communicate with any bidder regarding the Solicitation Process, the content of the Solicitation or Solicitation documents, or the substance of any potential response by a bidder to the Solicitation, except through or in the presence of the Independent Evaluator.

(c) The Soliciting Utility shall provide timely and accurate responses to any request from the Independent Evaluator, including requests from bidders submitted by the Independent Evaluator, for information regarding any aspect of the Solicitation or the Solicitation Process.

(4) Reports

(a) The Independent Evaluator shall prepare at least the following confidential reports and provide them to the Commission, the Division of Public Utilities and the Soliciting Utility:

(i) Monthly progress reports on all aspects of the Solicitation Process as it progresses;

(ii) Final Reports as soon as possible following the completion of the Solicitation Process. Final reports shall include analyses of the Solicitation, the Solicitation Process, the Soliciting Utility's evaluation and selection of bids and resources, the final results and whether the selected resources are in the public interest;

(iii) Other reports the Independent Evaluator deems appropriate; and

(iv) Other reports as the Commission may direct.

(b) The Independent Evaluator shall prepare at least the following public reports and provide them to the Commission and all Interested Parties:

(i) Final report, without confidential information, analyzing the Solicitation, the Solicitation Process, the Soliciting Utility's evaluation and selection of bids and resources, the final results and whether the selected resources are in the public interest;

(ii) Comments and recommendations with respect to changes or improvements for a future Solicitation Process; and

(iii) Other reports as the Commission may direct.

(c) Upon advance notice to the Soliciting Utility, the Independent Evaluator may conduct meetings with intervenors during the Solicitation Process to the extent determined by the Independent Evaluator or as directed by the Commission.

(d) If at any time the Independent Evaluator becomes aware of any violation of any requirements of the Solicitation Process or Commission rules, the Independent Evaluator shall immediately notify the Soliciting Utility and the Commission. The Independent Evaluator shall report any actions taken by the Soliciting Utility and any other recommended remedies to the Commission.

(e) The Independent Evaluator shall document all substantive correspondence and communications with the Soliciting Utility and bidders, shall make such documentation available to parties in any relevant proceedings upon proper request and subject to the terms of a protective order if the request contains or pertains to confidential information. Within six months after the end of the Solicitation Process, the Independent Evaluator shall provide a copy of this documentation to the Soliciting Utility. The Soliciting Utility shall maintain a complete record of its analyses and evaluations, including spreadsheets and models materially relied upon by the utility, all materials submitted to the Commission and all materials submitted in response to discovery requests. The Soliciting Utility shall retain such documentation for a period of at least 10 years. A party to a proceeding may petition the Commission to require specified additional materials to be maintained for a specified period.

History

KEY: significant energy resource, solicitation process, order to proceed, filing requirements
Date of Last Change: August 28, 2007
Notice of Continuation: March 17, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

R746-430 Procedural and Informational Requirements for Action Plans, for an Approval of a Significant Energy Resource, for Determination of Whether to Proceed, and for Waivers of a Solicitation Process or of an Approval of a Significant Energy Resource

Utah Admin. Code R746-430-1 Definition and Filing of Action Plan

Definition: "Action Plan" means a plan, prepared or updated in anticipation of the acquisition of the Affected Utility's significant energy resource(s) under the Energy Resource Procurement Act, Utah Code Title 54 Chapter 17, outlining actions and specific resource decisions intended to implement an Affected Utility's Integrated Resource Plan consistent with the utility's strategic business plan.

(1) Filing of an Action Plan- As soon as practicable after development of its Integrated Resource Plan or as part of the development of an Integrated Resource Plan, each Affected Utility shall file with the Commission an Action Plan. The Affected Utility shall include with the Action Plan the following:

(a) Information showing the Affected Utility's analysis and conclusions by which it identified and selected the actions and significant energy resources which will be pursued through the Action Plan consistent with the Energy Resource Procurement Act, Utah Code Title 54, Chapter 17;

(b) Identification of the Integrated Resource Plan used in the development of the Action Plan, including information showing how the Action Plan is consistent with the Integrated Resource Plan or why deviations have been made;

(c) Identification of all data, models and information used to develop the Action Plan, including, but not limited to, the Affected Utility's costs, risk and scenario analysis, methodologies and assumptions used to develop the Action Plan; and

(d) Identification of the means, whether included or not included in the Action Plan, by which the Affected Utility may enable changes to the actions and significant energy resource(s) pursued through the Action Plan, which changes may be warranted as the Affected Utility prepares and pursues future Integrated Resource Plans or may revise actions and significant energy resources in future Action Plans.

(2) Procedure on an Action Plan- Upon the filing of an Action Plan:

(a) The Commission shall set and give notice of a scheduling conference to set a schedule which will identify the time period during which interested parties may obtain information to prepare comments on the Action Plan, set the date upon which comments shall be provided to the Commission and other interested parties, and set a date upon which reply comments may be made to the comments previously filed.

(b) The Commission may, but is not required to, hold hearings in connection with the Action Plan for the purpose of the Commission's review and guidance.

(3) Affect of Review or Guidance - Nothing in these rules requires any acknowledgment, acceptance or order pertaining to the Action Plan submitted. Any review or guidance provided by the Commission shall not be binding on the Affected Utility and shall not be construed as approval of any action or resource identified in the Action Plan. The Affected Utility's response to any Commission review or guidance may be considered by the Commission in connection with any other request or filing made by the Affected Utility under the Energy Resource Procurement Act, Utah Code Title 54, Chapter 17.

History

KEY: action plan, significant energy resource, order to proceed, utilities
Date of Last Change: August 28, 2007
Notice of Continuation: March 17, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

Utah Admin. Code R746-430-2 Approval of a Significant Energy Resource

(1) Filing Requirements- When an Affected Utility files a request to approve a Significant Energy Resource pursuant to Section 54-17-302, the utility shall include with its request the following:

(a) Information to demonstrate the utility has complied with the requirements of the Energy Resource Procurement Act and Commission rules;

(b) Information to demonstrate whether approval of the selected Significant Energy Resource is in the public interest;

(c) Information regarding the solicitation process, if the Significant Energy Resource was solicited through a solicitation process, including, but not limited to:

(i) Summaries of all bids received;

(ii) Summaries of the Affected Utility's rankings and evaluations of bids;

(iii) Copies of all reports relating to the solicitation process made by an independent evaluator who may have been involved with the solicitation process;

(iv) A copy of the complete Commission approved Solicitation with appendices, attachments and drafts, if applicable; and

(v) A signed acknowledgment from a utility officer involved in the solicitation that to the best of his or her knowledge, the utility fully observed and complied with the requirements of the Commission's rules or statutes applicable to the solicitation process;

(d) Identification of all information, data, models and analyses used by the Affected Utility to evaluate the acquisition of the Significant Energy Resource if the acquisition is pursuant to Section 54-17-201(3), or to evaluate and rank bids and the selected resource, if the acquisition is by a solicitation process pursuant to Section 54-17-201(2);

(e) Contracts proposed for execution or use in connection with the acquisition of the Significant Energy Resource and identification of matters for which contracts are being negotiated or remain to be negotiated;

(f) Information on the estimated costs for the Significant Energy Resource, including but not limited to engineering studies, data, and models used in the analysis, and any other costs which the utility considers recoverable pursuant to Section 54- 17-303;

(g) An analysis of the estimated effects the Significant Energy Resource will have on the Affected Utility's revenue requirement;

(h) Financial information demonstrating adequate financial capability to obtain the Significant Energy Resource pursuant to the proposed acquisition;

(i) Identification of all other relevant information in support of the requested approval; and

(j) If the Commission has not previously issued a Protective Order in the approval request proceeding, a Proposed Protective Order, using the Commission's standard Protective Order, which may be used to facilitate access to information which may be claimed as confidential or protected.

(2) Procedure to Approve a Significant Energy Resource and Its Acquisition.

(a) If the Affected Utility is contemplating acquiring a Significant Energy Resource through a solicitation process, after it has completed its evaluation of bids but prior to filing a request to approve a Significant Energy Resource, the utility shall provide a written notification to the Commission of the Significant Energy Resources it has selected from the bids and the reasoning for the utility's selection of those resources.

(b) The Affected Utility may negotiate a proposed final agreement for the acquisition of the proposed Significant Energy Resource at any time, however, any such agreement shall be expressly conditional on the final decision of the Commission in the approval proceeding.

(c) The Affected Utility shall file a request for approval of a Significant Energy Resource as soon as practicable after completion of the utility's decision to select the resource.

(i) Prior to filing the request for approval of a Significant Energy Resource, the Affected Utility shall provide public notice of its intent to file the request and seek approval of the Significant Energy Resource from the Commission.

(ii) After the filing of the request, the Commission will schedule and provide notice of a Scheduling Conference to set a schedule for the proceedings, including a public hearing, through which it will consider the requested approval of the Significant Energy Resource.

(d) Any agreement for the acquisition of a Significant Energy Resource shall be submitted to the Commission for approval. The Commission will set a schedule to accept comments and reply comments from interested persons and the Affected Utility concerning whether the agreement complies with any Commission orders or Commission conditions relating to the Significant Energy Resource which will be acquired through the agreement.

(e) The Affected Utility shall maintain a complete record of analyses and evaluations, including spreadsheets and models materially relied upon by the utility, all materials submitted to the Commission and the Independent Evaluator and all materials submitted in response to discovery requests during any proceedings to approve a Significant Energy Resource and its acquisition for at least ten years after the date of a Commission order approving an agreement to acquire the Significant Energy Resource. A party to a proceeding may petition the Commission to require specified additional material to be maintained for a specified time.

History

KEY: action plan, significant energy resource, order to proceed, utilities
Date of Last Change: August 28, 2007
Notice of Continuation: March 17, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

Utah Admin. Code R746-430-3 Requests for a Determination of Whether to Proceed with an Approved Significant Energy Resource In the Event of Change in Circumstances or Costs

(1) Filing of a Request- When an Affected Utility seeks a Commission review and determination, pursuant to Section 54-17-304, of whether it should proceed with an approved Significant Energy Resource decision, the utility shall file with its request the following:

(a) Information concerning the nature and cause of the change of circumstances or projected costs, including, but not limited to, when and how the Affected Utility became aware of the change of circumstances or projected costs and any actions it has taken;

(b) Information concerning all costs incurred by the utility or to be incurred by the utility if the Commission determines that the utility should not proceed with the approved Significant Energy Resource, including those for which the utility anticipates it will seek future recovery pursuant to Section 54-17-304(4);

(c) Information concerning the utility's expectations concerning costs, timing and other aspects of an Approved Energy Resource if the utility were to proceed with its acquisition with the changed circumstances or projected costs. This information shall also include proposed contracts or contract amendments, if any, to be used in the event the utility were to proceed with the Significant Energy Resource;

(d) The utility's conclusions and recommendations on whether it would or would not be in the public interest to proceed with the Approved Energy Resource, and identification of all information, data, models and analyses used in arriving at the utility's conclusions and recommendations;

(e) Information concerning any alternatives which the utility considered to meet the needs or purposes for which the Approved Energy Resource is intended in the utility's own analysis of whether or not to proceed with the Approved Energy Resource, including, but not limited to, identification of all data, models, and analyses used by the utility; and

(f) If the Commission has not previously issued a Protective Order in the approval request proceeding, a Proposed Protective Order, using the Commission's standard Protective Order, which may be used to facilitate access to information which may be claimed as confidential or protected.

(2) Procedure on a Request for a Commission Review and Determination on Whether to Proceed.

(a) The Affected Utility shall give notice of the filing of its request to all parties who participated in the Commission proceedings by which the Significant Energy Resource was approved, individuals who have requested notification of such requests, and, additionally, as directed by the Commission.

(b) The Commission shall set and give notice of a scheduling conference by which it will set a schedule which will identify the time period, if any, during which interested persons may obtain information to prepare comments on the request, set the date upon which comments shall be provided to the Commission and other interested persons, and set a date upon which reply comments may be made to the comments previously filed. The Commission may, but is not required to, set a date for a public hearing on the request.

(c) The Affected Utility shall maintain a complete record of its analyses and evaluations, including spreadsheets and models materially relied upon by the utility, all materials submitted to the Commission and all material submitted in response to discovery for a period of ten years from the date the Commission issues an order on its request. A party to a proceeding may petition the Commission to require specified additional information to be maintained for a specified time.

History

KEY: action plan, significant energy resource, order to proceed, utilities
Date of Last Change: August 28, 2007
Notice of Continuation: March 17, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

Utah Admin. Code R746-430-4 Requests for Waiver of a Solicitation Process for a Significant Energy Resource or Waiver of Approval of a Significant Energy Resource

(1) Filing requirements -- An Affected Electrical Utility filing for a waiver pursuant to Section 54-17-501 shall file a request for waiver which shall fulfill the requirements of Section 54-7-501 and which shall include testimony and exhibits which provide:

(a) An explanation of and the factual basis for the emergency, opportunity or other factors that support the requested waiver;

(b) If the requested waiver is based upon an emergency, evidence establishing the nature and cause of the emergency and an explanation of why the proposed waiver is in the public interest;

(c) If the requested waiver is based upon a time-limited commercial or technical opportunity, evidence establishing the nature of the opportunity and an explanation of why the proposed waiver is in the public interest;

(d) If the requested waiver is based upon other factors, evidence establishing the nature of those factors and an explanation of why the proposed waiver is in the public interest;

(e) Evidence explaining and demonstrating when the utility first became aware of the claimed emergency, opportunity or other factors and how and when it pursued or responded to the same;

(f) If the requested waiver is for a waiver of a solicitation process, evidence

(i) that the particular resource to be procured is consistent with the utility's current Integrated Resource Plan,

(ii) that the particular resource to be procured is consistent with any pending solicitation process(es) and what affect procurement of the particular resource will have on any pending solicitation process(es),

(iii) regarding how the particular resource to be procured compares in value to similar resources,

(iv) on how the particular resource will be connected to and will be integrated with the utility's system,

(v) of the costs which the utility anticipates it will recover from ratepayers, which shall include, but is not limited to, analysis of the affects upon the utility's power costs and revenue requirements, and

(vi) of any affect the proposed resource will have on future resource acquisitions;

(g) All information, data, models and analyses used by the utility to evaluate the proposed resource and associated waiver request; and

(h) Evidence showing that a requested waiver is in the public interest.

(2) The time periods for an act or proceeding process contained in Section 54-17-501 shall supercede any differing time periods for an act or proceeding process contained in any other Commission rule.

(3) A Commission order granting a waiver of a Solicitation Process or an Approval of an Energy Resource Decision shall not constitute and does not determine approval or disapproval of a significant energy resource decision including cost recovery.

(4) Pursuant to Section 54-17-501(7), the Commission may condition the granting of a waiver on such conditions as the Commission may determine to be just, reasonable and in the public interest.

History

KEY: action plan, significant energy resource, order to proceed, utilities
Date of Last Change: August 28, 2007
Notice of Continuation: March 17, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

R746-440 Voluntary Resource Decision

Utah Admin. Code R746-440-1 Filing Requirements for a Request for Approval of a Resource Decision

(1) A request for approval of a Resource decision shall include testimony and exhibits which provide:

(a) A description of the Resource decision,

(b) Information to demonstrate that the Energy utility has complied with the applicable requirements of the Act and Commission rules,

(d) An analysis of the estimated or projected costs of the Resource decision, including the engineering studies, data, information and models used in the Energy utility's analysis,

(e) Descriptions and comparisons of other resources or alternatives evaluated or considered by the Energy utility, in lieu of the proposed Resource decision,

(f) Sufficient data, information, spreadsheets, and models to permit an analysis and verification of the conclusions reached and models used by the Energy utility,

(g) An analysis of the estimated effect of the Resource decision on the Energy utility's revenue requirement,

(h) Financial information demonstrating adequate financial capability to implement the Resource decision,

(i) Major contracts, if any, proposed for execution or use in connection with the Resource decision,

(j) Information to show that the Energy utility has or will obtain any required authorizations from the appropriate governmental bodies for the Resource decision, and

(k) Other information as the Commission may require.

(2) Notice of a request for approval of a Resource decision.

(a) At least five calendar days prior to filing a request for approval of a Resource decision, the Energy utility shall provide public notice of its request for approval of a Resource decision. The public notice shall provide a description of the request and information on how interested persons my obtain, from the Energy utility, further information about the request or a copy of the request.

(b) At least five calendar days prior to filing a request for approval of a Resource decision, the Energy Utility shall inform the Commission of the anticipated filing and the means by which the Energy Utility has made, or will make, the public notice.

(3) Issues regarding the production, treatment and use of materials of a confidential or proprietary nature, including issues regarding who is entitled to review the materials, will be determined by the Commission.

History

KEY: resource decision, energy utility, filing requirements
Date of Last Change: March 19, 2007
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

Utah Admin. Code R746-440-2 Process for Approval of a Resource Decision

(1) Following a filing of a request for approval of a Resource decision:

(a) At a scheduling conference, the Commission will set an intervention deadline and schedule the time for conducting a public hearing on the request. The Commission will issue a Scheduling Order subsequent to the scheduling conference.

(b) The Commission will issue a protective order, to facilitate access to and exchange of information which is claimed to be confidential or of a proprietary nature.

(c) Discovery may commence. Responses to discovery requests shall be made within 21 calendar days after receipt, or as otherwise agreed between the parties or ordered by the Commission.

(d) Delivery of documents may be made by electronic means (e.g., email, disk, facsimile), instead of paper versions, as agreed by the parties or as ordered by the Commission.

(2) The Energy utility shall maintain a complete record of all materials submitted to the Commission and all materials submitted in response to discovery requests during a Resource decision process for 10 years from the date of the Commission's final order in a Resource decision proceeding. A party to a proceeding may petition the Commission to require specified additional materials to be maintained for a specified period.

History

KEY: resource decision, energy utility, filing requirements
Date of Last Change: March 19, 2007
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

Utah Admin. Code R746-440-3 Process for Review and Determination of a Request for an Order to Proceed with Implementation of an Approved Resource Decision

(1) A request for such Commission review and determination shall include testimony and exhibits which provide:

(a) An explanation of the nature and cause of the change in circumstances or projected costs, including how the Energy utility became aware of the change in circumstances or projected cost and any action it has taken,

(b) An explanation of why an Order to Proceed is or is not, in the Energy utility's view, the proper response to the changed circumstances,

(c) The Energy utility's updated projections regarding the impact of the changed circumstances or projected costs on the timing, cost and other aspects of the approved Resource decision,

(d) The costs incurred to date in connection with the Resource decision,

(e) The Energy utility's updated projections of any unavoidable costs if the approved Resource decision is not pursued to completion, and

(f) Major proposed contracts or contract amendments, if any, to be used in the event of an Order to Proceed.

(2) Notice of a request for review and determination of an Order to Proceed shall be provided, by the Energy utility, to all parties in the docket in which the Resource decision was approved and otherwise as determined by the Commission.

(3) The Energy utility shall maintain a complete record of its analyses and evaluations relating to the Order to Proceed, including spreadsheets and models materially relied upon by the utility, all materials submitted to the Commission and all materials submitted in response to discovery requests during a proceeding involving a review and determination for at least 10 years from the date of the Commission's final order in a Commission proceeding for review and determination of an Order to Proceed with Implementation of an approved Resource decision. A party to a proceeding may petition the Commission to require specified additional materials to be maintained for a specified period.

(4) Issues regarding the production, treatment and use of materials of a confidential or proprietary nature, including issues regarding who is entitled to review those materials will be determined by the Commission.

History

KEY: resource decision, energy utility, filing requirements
Date of Last Change: March 19, 2007
Notice of Continuation: January 27, 2022
Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.

R746-450 Procedural and Informational Requirements for Solar Resource Solicitations and Acquisitions

Utah Admin. Code R746-450-1 Definitions

(1) "Acquire," "Acquiring," or "Acquisition" means to purchase, construct, or purchase the output from a photovoltaic or thermal solar energy resource under an agreement that includes a purchase option.

(2) "All Customers" means customers of a Qualified Utility that are not contracting with that utility under Utah Code Sections 54-17-803 or 54-17-806.

(3) "All Customers Solicitation" means a Solar Solicitation pursuant to 54-17-807(3)(c)that will solicit Solar Resources with a rated generating capacity of less than or equal to 300 megawatts that will be used in whole, or in part, to supply All Customers.

(4) "All Customers Large Solicitation" means a Solar Solicitation pursuant to 54-17-807(3)(d) that will solicit Solar Resources with a rated generating capacity of more than 300 megawatts and that will be used in whole, or in part, to supply All Customers.

(5) "Qualified Utility" is defined under Utah Code Section 54-17-801(2).

(6) "Solar Solicitation" means a solicitation that includes a Solar Resource pursuant to Utah Code Section 54-17-807.

(7) "Solar Resource" means a solar photovoltaic or thermal solar energy facility.

(8) "Specific Customer Solicitation" means a Solar Solicitation pursuant to 54-17-807(3)(a) and (b) for a customer of a Qualified Utility that meets the requirements of either Utah Code Section 54-17-803 or Utah Code Section 54-17-806.

History

KEY: procedural and informational requirements, solar resource solicitations, solar resource acquisitions
Date of Last Change: December 24, 2018
Notice of Continuation: December 14, 2023
Authorizing, and Implemented or Interpreted Law: 54-17-807

Utah Admin. Code R746-450-2 Applicability

(1) This rule applies to qualified utility applications for Commission approval of:

(a) a solar solicitation that may result in the qualified utility's acquisition of a solar resource using rate recovery based on a competitive market price; and

(b) a qualified utility's acquisition of a solar resource resulting from a solar solicitation approved under these rules, whether the resource will be solely or jointly owned, only if the qualified utility seeks rate recovery based on a competitive market price.

(2) This rule does not apply to a qualified utility's acquisition of solar resources located on the customer's side of the meter that have a rated generating capacity of less than two megawatts.

(3) Except as otherwise specified in this rule, the requirements of Parts 1 through 5 of the Energy Resource Procurement Act (Utah Code Section 54-17-101 through Section 54-17-501) and Commission rules R746-420-1 through R746- 420-6; R746-430-1 through R746-430-4; and R746-440-1 through R746-440-3, do not apply to applications for approval under this rule.

History

KEY: procedural and informational requirements, solar resource solicitations, solar resource acquisitions
Date of Last Change: December 24, 2018
Notice of Continuation: December 14, 2023
Authorizing, and Implemented or Interpreted Law: 54-17-807

Utah Admin. Code R746-450-3 Requests for Solar Solicitation Approvals

(1) A qualified utility that seeks to acquire a solar resource using rate recovery based on a competitive market price shall file an application with the Commission for approval of a solar solicitation that includes the following:

(a) a description of the solicitation process the qualified utility proposes to use, including an explanation of the customer(s) on whose behalf the solicitation is proposed and the manner in which the solicitation will be published;

(b) a copy of the complete proposed solar solicitation with any appendices, attachments and draft pro forma contracts;

(c) information sufficient to demonstrate that the filing complies with the requirements of Utah Code Section 54-17- 807 and Commission rules;

(d) descriptions of the criteria and the methods to be used to evaluate bids, including the weighting and ranking factors to be used to evaluate bids, and explanation of the extent to which grid services frequency regulation, spinning reserves, and/or ramp control that the resource is capable of providing in addition to energy and/or capacity will be considered or evaluated;

(e) other than for a solar solicitation administered by a customer, information directing interested parties to all questions and answers regarding the solar solicitation and solicitation process posted on an appropriate website;

(f) the qualified utility's proposed cost accounting for management of the solar solicitation;

(g) if the solar solicitation is intended to solicit resources for more than one customer in a specific customer solicitation, or a specific customer solicitation will be combined with an all customers solicitation or an all customers large solicitation, the following shall also apply:

(i) the solicitation will include a proposal for how the resources or the output from resources will be apportioned to the various customers; and

(ii) in addition to combined pricing for a portion, or all of, the requested quantity, the solicitation must allow bidders to place separate bids for customers that meet the requirements of Utah Code Section 54-17-803, customers that meet the requirements of Utah Code Section 54-17-806, and all customers, each to the extent included in the solicitation.

(h) For a specific customer solicitation or all customers solicitation that a qualified utility will either administer, or participate in bid evaluation or selection for, a description of the qualified utility's proposal for:

(i) how the qualified utility's personnel involved in evaluating bids and the qualified utility's personnel involved in preparing bids to the solicitation from the qualified utility will be prevented from sharing information in a manner that may lead to unfair advantage or the perception of unfair advantage in the selection of a solar resource; and

(ii) how the qualified utility will avoid its involvement in bid evaluation or selection from being affected by bias.

(i) Any other information the Commission may require.

(2) Solar Solicitation Approval Process.

(a) For a specific customer solicitation that is not combined with an all customers solicitation or an all customers large solicitation:

(i) the qualified utility shall also include in its application information sufficient for the Commission to make the following determinations:

(A) that the solar solicitation and bid evaluation will create a level playing field that will allow fair competition between the qualified utility and other bidders;

(B) that, excluding applicable requirements of the qualified utility's federally regulated transmission function, the interconnection and transmission related requirements and conditions will be equally applicable to the qualified utility and other bidders;

(C) that projects proposing to interconnect or deliver to various locations on the qualified utility's transmission system will have a fair opportunity to bid and have the impacts of the interconnection or delivery locations objectively considered in the selection process, provided that solicitation parameters requested by specific customers may limit interconnection or delivery locations; and

(D) that the solar solicitation is in the public interest.

(ii) the Commission shall provide public notice of the application. Interested parties may file comments on the application within 30 days of the notice. Interested parties shall have 15 days to respond to any comments, and, unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will issue an order within 60 days of the application.

(b) For an all customers solicitation, including an all customers solicitation that is combined with a specific customer solicitation:

(i) the qualified utility shall also include in its application information sufficient for the Commission to make the following determinations:

(A) that the solar solicitation and bid evaluation will create a level playing field that will allow fair competition between the qualified utility and other bidders;

(B) that, excluding applicable requirements of the qualified utility's federally regulated transmission function, interconnection and transmission related requirements and conditions will be equally applicable to the qualified utility and other bidders;

(D) that the solar solicitation is in the public interest.

(ii) the Commission will provide public notice of the application. Interested parties may file comments on the application within 30 days of the notice. Interested parties shall have 15 days to respond to any comments. The Commission will hold a scheduling conference to set the time for public hearing. Unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will set a hearing date that is within 75 days of the application.

(c) For an all customers large solicitation, including an all customers large solicitation that is combined with an all customers solicitation or a specific customer solicitation, or both:

(i) Parts 1 through 5 of the Energy Resource Procurement Act are applicable.

(ii) the qualified utility shall include all of the information required under subsection 3(1) of this rule in its application under R746-420.

(iii) in its application for Commission approval under R746-420 for an all customers large solicitation, the qualified utility shall also include in such application information sufficient for the Commission to make the following additional determinations:

(A) that the solar solicitation and bid evaluation will create a level playing field that will allow fair competition between the qualified utility and other bidders;

(D) that the solar solicitation is in the public interest.

(iv) the Commission will provide public notice of the application. The process for approval of the application will be governed by the Energy Resource Procurement Act and R746-420.

(d) If no solar resource is selected at the conclusion of a solar solicitation approved by the Commission:

(i) the qualified utility shall file a report with the Commission within 30 days that includes the following:

(A) a summary of the results of the solar solicitation;

(B) the reasons for not acquiring the lowest cost solar resource bid into the solar solicitation; and

(ii) the Commission will provide public notice of the report. Interested parties may file comments regarding the qualified utility's report or the solar solicitation that resulted in such report within 30 days of the notice. Interested parties shall have 15 days to respond to any comments. After considering the report and information filed by the qualified utility and the comments received, the Commission may determine whether further comments, proceedings, or actions may be appropriate and in the public interest.

History

KEY: procedural and informational requirements, solar resource solicitations, solar resource acquisitions
Date of Last Change: December 24, 2018
Notice of Continuation: December 14, 2023
Authorizing, and Implemented or Interpreted Law: 54-17-807

Utah Admin. Code R746-450-4 Solar Resource Acquisition Approval Process

(1) Before acquiring a solar resource selected through a specific customer solicitation approved under this rule:

(a) a qualified utility shall file an application for approval of the acquisition with the Commission that includes information sufficient for the Commission to make the following determinations:

(i) that the solicitation, bid evaluation and resource selection processes complied with these rules, other Commission rules, the Utah Code, and the Commission's order approving the solicitation process; and

(ii) that the acquisition of the solar resource is just and reasonable, and in the public interest.

(b) the Commission will provide public notice of the application and interested parties may file comments on the application within 30 days of the notice. Interested parties shall have 15 days to respond to any comments. The Commission will hold a scheduling conference to set the time for public hearing. Unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will set a hearing date that is within 75 days of the application.

(2) Combining applications for Commission approval:

(a) A qualified utility may combine its application for Commission approval of a specific customer solicitation with its application for Commission approval of the acquisition of a solar resource selected through that specific customer solicitation if the following conditions are met:

(i) all information required under R746-450-3(1) is included in the combined solicitation and acquisition approval application;

(ii) the qualified utility did not prepare or administer the specific customer solicitation, and was not involved in the evaluation or selection of the solar resource selected through that specific customer solicitation;

(iii) the specific customer solicitation is not combined with any other form of solicitation under these rules; and

(iv) the qualified utility's application for combined approval meets the requirements of both R746-450-3(2)(a) and R746-450-4(1).

(b) The Commission shall provide public notice of the application and interested parties may file comments on the application within 30 days of the notice. Interested parties shall have 15 days to respond to any comments. The Commission will hold a scheduling conference to set the time for public hearing. Unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will set a hearing date that is within 75 days of the application.

(3) Approval of an acquisition under an all customers large solicitation is also subject to Part 3 of the Energy Resource Procurement Act and must be approved in accordance with that Part 3 and R746-430 and these rules. An acquisition under an all customers solicitation is subject to Part 4 of the Energy Resource Procurement Act and must be approved in accordance with that Part 4 and R746-440 and these rules.

(a) In an application for approval of an acquisition resulting from an all customers solicitation or an all customers large solicitation, in addition to the requirements of Part 3 and R746-430 or Part 4 and R746-440, the qualified utility shall include in such application information sufficient for the Commission to make the following determinations:

(i) that the solicitation, bid evaluation and resource selection processes complied with these rules, other Commission rules, the Utah Code and the Commission's order approving the solicitation process;

(ii) that the acquisition of the solar resource is just and reasonable, and in the public interest;

(iii) that the accounting treatment of the acquired solar resource proposed by the qualified utility in the application will be properly reflected in the qualified utility's accounting system, reports, energy balancing accounts, and for interjurisdictional allocations; and

(iv) that the qualified utility's acquisition of the solar resource at a competitive market price is the lowest cost ownership option, which will be based on:

(A) the solicitation criteria and the bid results; and

(B) information to be included in the application by the qualified utility that compares customer costs and benefits for acquisition of the solar resource using the competitive market price to the costs and benefits of the solar resource if it were treated as a traditional regulated resource included in rate base.

(b) The Commission will provide public notice of the application. The process for approval of the application will be governed by applicable provisions of the Energy Resource Procurement Act and Commission rules.

(4) If the Commission issues an order granting acquisition approval under this section R746-450-4, including entering into a power purchase agreement containing a purchase option by the qualified utility, using rate recovery based on a competitive market price:

(a) the prices approved by the Commission shall constitute competitive market prices; and

(b) assets owned by the qualified utility and used to provide service as approved under this section are not public utility property.

(5) Within six months following the date of a Commission order approving the acquisition of a solar resource pursuant to an all customers solicitation or an all customers large solicitation, or for such longer period as the Commission determines to be in the public interest a qualified utility may file an application with the Commission seeking approval to acquire another solar resource that is similar to the one for which a competitive market price was established without requiring a new solar solicitation approval process. For the purposes of this section, whether a solar resource is "similar" shall be determined based on the overall similarity between the solar resources after evaluating the following factors: resource size, capacity factor, technology type, resource location, contract term length, generation profile, reliability capabilities, transmission, and such other factors the Commission deems appropriate.

(a) The qualified utility's application shall also provide information sufficient to demonstrate that:

(i) there is a need to acquire the solar resource;

(ii) the competitive market price remains reasonable; and

(iii) the acquisition is in the public interest.

(b) The Commission shall provide public notice of the application. Interested parties may file comments on the application within 30 days of the notice. Interested parties shall have 15 days to respond to any comments. The Commission will hold a scheduling conference to set the time for public hearing. Unless the Commission determines that another process or additional time is warranted and is in the public interest, the Commission will set a hearing date that is within 75 days of the application.

History

KEY: procedural and informational requirements, solar resource solicitations, solar resource acquisitions
Date of Last Change: December 24, 2018
Notice of Continuation: December 14, 2023
Authorizing, and Implemented or Interpreted Law: 54-17-807

Utah Admin. Code R746-450-5 Disposition of a Solar Resource

(1) No later than 180 days before the end of the Commission approved term for a solar resource, the qualified utility shall file a request for determination that its intended retention or disposition complies with Utah Code Section 54-17-807(10). The filing shall demonstrate that the qualified utility's proposed retention or disposition will result in the qualified utility retaining the benefits and assuming the costs and risks of ownership of the solar resource. The Commission will provide public notice of such filing, and before approving the proposed retention or disposition of the solar resource will provide an opportunity for public input and hold a public hearing.

History

KEY: procedural and informational requirements, solar resource solicitations, solar resource acquisitions
Date of Last Change: December 24, 2018
Notice of Continuation: December 14, 2023
Authorizing, and Implemented or Interpreted Law: 54-17-807

R746-460 Rules Governing Customer Information and Marketing for Large-Scale Electric and Gas Utilities

Utah Admin. Code R746-460-1 General Provisions

(1) Purpose -- The purpose of these rules is to establish and enforce certain uniform practices governing:

(a) the sharing of Utility Customer Information or Customer Usage Data by Large-Scale Utilities with utility affiliates or third parties; and

(b) marketing to Large-Scale Utility customers whose information has been shared, when marketing materials use a name or logo that is substantially similar to that of a Large-Scale Utility.

(2) Scope -- These rules shall apply to Large-Scale Utilities that are subject to the regulatory authority of the Commission.

History

KEY: public utilities, electric and gas utility customer information, utility regulation, marketing to utility customers
Date of Last Change: August 7, 2019
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-3-1; 54-3-7

Utah Admin. Code R746-460-2 Definitions

(1) "Express Consent" means consent that is provided orally or in writing (including via electronic communication), by the consenting customer after having received notification that the utility proposes to share Utility Customer Information with an affiliate, licensee, or third party:

(a) explaining that the customer need not consent to the release of information in order to obtain utility service;

(b) explaining that the customer may subsequently opt out of such sharing of information in the future by contacting the utility; and

(c) providing clear instructions explaining how a customer may subsequently opt out of such sharing of information in the future.

(2) "Large-Scale Electric Utility" has the meaning set forth in Section 54-2-1.

(3) "Large-Scale Gas Utility" means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state.

(4) "Large-Scale Utility" means a Large-Scale Electric Utility or a Large-Scale Gas Utility.

(5) "Utility Customer Information" means a Large-Scale Utility customer's name, address, telephone number, email address, or utility account number, or any combination thereof.

(6) "Customer Usage Data" means an individual utility customer's billing, consumption data, or participation in any specific utility program.

(7) "Small Business and Residential Customers" means

(a) for a Large-Scale Electric Utility, all customers taking service under a residential rate class and any nonresidential customers whose loads have not registered 1,000 kW or greater more than once in the preceding 18-month period; and

(b) for a Large-Scale Gas Utility, all customers within the GS rate classification, or, if there is no such rate classification, all customers whose usage does not exceed 1,250 dekatherms in any one day during the winter season.

History

KEY: public utilities, electric and gas utility customer information, utility regulation, marketing to utility customers
Date of Last Change: August 7, 2019
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-3-1; 54-3-7

Utah Admin. Code R746-460-3 Utility Customer Information and Customer Usage Data

(1) Permitted Sharing -- Utility Purposes. Large-Scale Utilities may share Utility Customer Information or Customer Usage Data with affiliates, contractors and subcontractors, or other third parties without the customer's consent or permission, in any of the following circumstances:

(a) for use in activities necessary for providing tariff-based services or programs;

(b) as necessary for the operation and maintenance of the Large-Scale Utility's facilities and utility system including but not limited to physical facilities used for energy distribution;

(c) in relation to the utility's conduct of its core utility function or to maintain safe and reliable utility service to customers;

(d) to comply with a warrant, subpoena, court order, or order of an administrative agency having jurisdiction;

(e) for use in a formal proceeding before the Commission including but not limited to general rate cases, customer complaints, or tariff change proceedings;

(f) to assist emergency responders and law enforcement in situations of threat to life or property; or

(g) with the prior approval of the Commission.

(2) Sharing with Third Parties.

(a) Except as provided in Subsection R746-460-3(1), a Large-Scale Utility may share its Utility Customer Information or Customer Usage Data only if the customer provides Express Consent for such sharing to the Large-Scale Utility, its affiliates, or a third party who is seeking such information.

(b) The Large-Scale Utility must retain the following information for each instance of a customer's Express Consent for disclosure of its Utility Customer Information or Customer Usage Data:

(i) the confirmation of consent for the disclosure of private customer information;

(ii) a list of the date of the consent and the affiliates, subsidiaries, or third parties to which the customer has authorized disclosure of its Utility Customer Information or Customer Usage Data; and

(iii) confirmation that the customer's name and service address exactly match the utility's record for such account.

(3) Confidentiality.

(a) A Large-Scale Utility that shares Utility Customer Information or Customer Usage Data pursuant to Subsections R746-460-3(1)(a) through (c) or Subsection R746-460-3(2), may do so only subject to contractual provisions requiring the receiving party (and any of the contractors and subcontractors that the third party has retained to facilitate the marketing efforts) to maintain the Utility Customer Information or Customer Usage Data as confidential and prohibiting further sharing. A Large- Scale Utility that shares Utility Customer Information or Customer Usage Data as part of a Commission proceeding, must identify the information as Confidential Information pursuant to Sections R746-1-601 through R746-1-603.

(b) Notwithstanding the requirements under this rule, a receiving party may share Utility Customer Information, subject to any available confidential protections, shared under Section R746-460-3 in order to:

(i) comply with a warrant, subpoena, court order, or order of an administrative agency having jurisdiction; or

(ii) assist emergency responders and law enforcement in situations of threat to life or property.

(4) Customer Usage Data. Except as otherwise expressly stated herein, Large-Scale Utilities may disclose Customer Usage Data without Express Consent or need to protect the information as confidential when disclosure of multiple customers' data is provided in aggregate form such that the aggregated information does not allow any specific customer to be identified. Nothing in this rule shall prevent Large-Scale Utilities from using and disclosing usage information that does not constitute Customer Usage Data.

History

KEY: public utilities, electric and gas utility customer information, utility regulation, marketing to utility customers
Date of Last Change: August 7, 2019
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-3-1; 54-3-7

Utah Admin. Code R746-460-4 Marketing to Utility Customers

(1) If an affiliate or licensee of a Large-Scale Utility, or a licensee of a Large-Scale Utility's affiliate, engages in unsolicited marketing of products or services directed to a Large-Scale Utility's customers in Utah using a logo or name brand that is substantially similar to that of the Large-Scale Utility, any written marketing materials shall be drafted to avoid customer confusion about the licensee or affiliate relationship, and, with respect to Small Business and Residential Customers, shall also include a clear and prominent statement that:

(a) the product or service is not being offered by the Large-Scale Utility;

(b) the entity offering the product or service is separate from the Large-Scale Utility; and

(2) If a Large-Scale Utility's licensee, affiliate, or affiliate's licensee fails to comply with Subsections R746-460- 4(1)(a) through (c), the Large-Scale Utility will be subject to a penalty pursuant to Section 54-7-25.

(3) If written marketing materials contain the information set forth in Subsections R746-460-4(1)(a) through (c), then the Large-Scale Utility is deemed to have complied with these rules and is not subject to any penalty under this section.

(4) A Large-Scale Utility, its affiliate(s), or its affiliate(s)' licensees may utilize a logo or name brand that is substantially similar to that of the Large-Scale Utility without disclosures set forth in Subsection R746-460-4(1) for:

(a) tariff-based services or programs and programs related to the Large-Scale Utility's core utility business, including but not limited to billing services tariffs;

(b) charitable contributions or event sponsorships; and

History

KEY: public utilities, electric and gas utility customer information, utility regulation, marketing to utility customers
Date of Last Change: August 7, 2019
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-4-1; 54-3-1; 54-3-7

R746-500 Americans With Disabilities Act Complaint Procedure

Utah Admin. Code R746-500-1 Authority and Purpose

A. This rule is promulgated pursuant to Section 54-1-1 and Section 63G-3-201(2) of the State Administrative Rulemaking Act. The Commission, pursuant to 28 CFR 35.107 adopts, defines, and publishes within this rule complaint procedures providing for prompt and equitable resolution of complaints filed in accordance with Title II of the Americans With Disabilities Act.

B. The provision of 28 CFR 35 implements the provisions of Title II of the Americans With Disabilities Act, 42 U.S.C. 12201, which provides that no qualified individual with a disability, by reason of that disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity or be subjected to discrimination by a public entity.

History

KEY: complaints, disabled persons
Date of Last Change: 1993
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 63G-2-302; 63G-2-304; 63G-2-305; 67-19-32

Utah Admin. Code R746-500-2 Definitions

A. "ADA" means Americans With Disabilities Act.

B. "The ADA coordinator" means the Commission Secretary or designee who has responsibility for investigating and providing prompt and equitable resolution of complaints filed by qualified individuals with disabilities.

C. "The ADA State Coordinating Committee" means that committee with representatives designated by the directors of the following agencies:

Office of Planning and Budget;
Department of Human Resource Management;
Division of Risk Management;
Division of Facilities Construction Management; and
Office of the Attorney General.

D. "CFR" means Code of Federal Regulations, 1991 edition.

E. "Disability" means, with respect to an individual with a disability, a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of the impairment; or being regarded as having an impairment.

F. "Individual with a disability," hereafter individual, means a person who has a disability which limits one of his major life activities and who meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity, or who would otherwise be an eligible applicant for vacant state positions, as well as those who are employees of the Commission.

G. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

H. "Public Entity" means a state or local government; a department, agency, special purpose district, or other instrumentality of a state or local government.

History

KEY: complaints, disabled persons
Date of Last Change: 1993
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 63G-2-302; 63G-2-304; 63G-2-305; 67-19-32

Utah Admin. Code R746-500-3 Filing of Complaints

A. An individual who feels he has been discriminated against by or at the Commission may file a complaint by filing in a timely manner to assure prompt, effective assessment and consideration of the facts, but no later than 60 days from the date of the alleged act of discrimination. However, a complaint alleging an act of discrimination occurring before the effective date of this rule may be filed within 60 days of the effective date of this rule.

B. Each complaint shall be filed with the Commission's ADA coordinator in writing or in another accessible format suitable to the individual.

C. Each complaint shall:

include the individual's name and address;
include the nature and extent of the individual's disability;
describe the Commission's alleged discriminatory action in sufficient detail to inform the public entity of the nature and date of the alleged violation;
describe the action and accommodation desired; and
be signed by the individual or by a legal representative of that individual.

D. A complaint filed on behalf of a class or third party shall describe or identify by name, if possible, the alleged victims of discrimination.

History

KEY: complaints, disabled persons
Date of Last Change: 1993
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 63G-2-302; 63G-2-304; 63G-2-305; 67-19-32

Utah Admin. Code R746-500-4 Investigation of Complaint

A. The ADA coordinator shall conduct an investigation of each complaint received. The investigation shall be conducted to the extent necessary to assure that relevant facts are determined and documented. This may include gathering the information listed in Subsection 3(C) of this rule if it is not made available by the individual.

B. When conducting the investigation, the coordinator may seek assistance from the Commission's staff in determining what action shall be taken on the complaint. Before making a decision that would involve:

an expenditure of funds which is not absorbable within the Commission's budget and would require appropriation authority;
facility modifications; or
reclassification or reallocation in grade; the coordinator shall consult with the ADA State Coordinating Committee.

History

KEY: complaints, disabled persons
Date of Last Change: 1993
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 63G-2-302; 63G-2-304; 63G-2-305; 67-19-32

Utah Admin. Code R746-500-5 Issuance of Decision

A. Within 15 working days after receiving the complaint, the ADA coordinator shall issue a decision outlining in writing, or in another suitable format, what action shall be taken on the complaint.

B. If the coordinator is unable to reach a decision within the 15 working day period, he shall notify the individual with a disability, in writing or other suitable format, why the decision is being delayed and what additional time is needed to reach a decision.

History

KEY: complaints, disabled persons
Date of Last Change: 1993
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 63G-2-302; 63G-2-304; 63G-2-305; 67-19-32

Utah Admin. Code R746-500-6 Appeals

A. The individual may appeal the decision of the ADA coordinator by filing an appeal within five working days from the receipt of the decision.

B. The appeal shall be filed in writing with the chairman of the Commission or a designee other than the Commission's ADA coordinator.

C. The filing of an appeal shall be considered as authorization by the individual to allow review by the Commission's chairman, or designee, of information, including information classified as private or controlled.

D. The appeal shall describe in sufficient detail why the coordinator's decision is in error, is incomplete or ambiguous, is not supported by the evidence, or is otherwise improper.

E. The Commission chairman or designee shall review the factual findings of the investigation and the individual's statement regarding the inappropriateness of the coordinator's decision and arrive at an independent conclusion and recommendation. Additional investigations may be conducted if necessary to clarify questions of fact before arriving at an independent conclusion. Before making a decision that would involve:

an expenditure of funds which is not absorbable and would require appropriation authority;
facility modifications; or
reclassification or reallocation in grade; the Commission chairman or designee shall also consult with the State ADA Coordinating Committee.

F. The decision shall be issued within ten working days after receiving the appeal and shall be in writing or another format suitable to the individual.

G. If the Commission chairman or his designee is unable to reach a decision within the ten working day period the individual shall be notified, in writing or other suitable format, why the decision is being delayed and the additional time needed to reach a decision.

History

KEY: complaints, disabled persons
Date of Last Change: 1993
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 63G-2-302; 63G-2-304; 63G-2-305; 67-19-32

Utah Admin. Code R746-500-7 Classification of Records

The record of each complaint and appeal, and the written records produced or received as part of those actions, shall be classified as protected as defined under Section 63G-2-305 until the ADA coordinator, Commission chairman or their designee issues the decision, when a portion of the record that may pertain to the individual's medical condition shall remain classified private as defined under Section 63G-2-302, or as controlled as defined in Section 63G-2-304. Other information gathered as part of the complaint record shall be classified as private information. Only the written decision of the coordinator, Commission chairman or designees shall be classified as public information.

History

KEY: complaints, disabled persons
Date of Last Change: 1993
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 63G-2-302; 63G-2-304; 63G-2-305; 67-19-32

Utah Admin. Code R746-500-8 Relationship to Other Laws

This rule does not prohibit or limit the use of remedies available to individuals under the State Anti-Discrimination Complaint Procedures Section 67-19-32; the Federal ADA Complaint Procedures at 28 CFR Subpart F, beginning with Part 35.170; or other state or federal law that provides equal or greater protection for the rights of individuals with disabilities.

History

KEY: complaints, disabled persons
Date of Last Change: 1993
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 63G-3-201(2); 63G-2-302; 63G-2-304; 63G-2-305; 67-19-32

R746-600 Postretirement Benefits other than Pensions

Utah Admin. Code R746-600-1 Postretirement Benefits other than Pensions

Effective in fiscal years beginning after December 15, 1992, public utilities having more than 500 employees shall begin accruing postretirement benefits other than pensions obligations for financial reporting purposes. For ratemaking purposes, the Commission will determine in general rate proceedings, on a case-by-case basis, the appropriate amount of the costs of postretirement benefits other than pensions to be recovered in rates. The monies recovered from ratepayers in an amount estimated to equal the costs of postretirement benefits other than pensions shall be placed in an external account, specifically maintained for the purpose of funding these benefits for current and future retirees, unless the utility demonstrates substantial savings to the ratepayers by not externally funding. The utility shall make regular, periodic deposits to the fund in a manner calculated to maximize fund earnings.

History

KEY: public utilities, retirement benefits, rates
Date of Last Change: 1993
Notice of Continuation: June 2, 2023
Authorizing, and Implemented or Interpreted Law: 54-4-1

R746-700 Complete Filings for General Rate Case and Major Plant Addition Applications

Utah Admin. Code R746-700-1 General Provisions Applicable to All 7XX Series Rules

This rule provides provisions for complete filings for general rate case and alternative cost recovery for major plant addition applications and other 7XX series rules, meaning R746-700-1 through and including R746-700-51.

A. Purpose. The 7XX series rules apply to an application for a general rate case filed by a public utility for an increase or decrease in base rates pursuant to 54-7-12 and an application for alternative cost recovery for a major plant addition filed by an electrical corporation or gas corporation public utility for cost recovery of a major plant addition pursuant to 54-7- 13.4.

B. A public utility anticipating to file a general rate case or major plant addition application shall file with the Commission a non-binding notification of its intent to file such application at least 30 days prior to the anticipated filing date of the application. The notification shall be served on all parties that participated in the public utility's last prior general rate case or major plant addition proceeding respectively. The Commission may grant an exception or modification to this notification requirement based on a showing of good cause by the public utility.

C. Minimum filing requirements for a complete filing. Sections 700-10, 700-20, 700-21, 700-22, 700-23, 700-30, 700-40, 700-41, 700-50, and 700-51 set forth the information which must be contained in an application, testimony, exhibits, evidence, data, and any other informational documents filed with an application for the application to be considered a complete filing pursuant to 54-7-12(2) or 54-7-13.4(2).

D. Paper and Electronic media documents.

All documents filed with the Commission shall conform to the requirements of Subsection R746-1, Public Service Commission Administrative Procedures Act Rule.
A proceeding participant is encouraged to provide voluminous material to other participants in a proceeding in an electronic media version. Unless a participant in a Commission proceeding notifies the Commission and other proceeding participants that it is unable or unwilling to receive documents in electronic media, provision of documents to a participant need only be in electronic media.
An applicant shall provide electronic media versions of its application and additional information and documents to be provided pursuant to any series 7XX rule to the Division of Public Utilities and the Office of Consumer Services, other parties granted intervention in the utility's last prior application proceeding, and any other person that has petitioned for intervention in the proceeding. An applicant need not provide these documents to a person whose intervention it opposes unless and until the person is granted intervention by the Commission. Notwithstanding the foregoing, the applicant shall provide a reasonable number of paper copies of the documents to the Division of Public Utilities and the Office of Consumer Services upon request.

E. Format, detail, etc. of documents, information, data, etc., indication of non-existence of information or unavailability of information of the type, detail or format described in a rule provision in the public utility's normal course of business and accounting, and confidential and privileged documents or information.

The format, detail, etc. of documents, data, information, etc. provided pursuant to any 7XX series rule shall be in the same format, detail, etc. as provided in the public utility's last prior proceeding or as otherwise directed by the Commission in or subsequent to the last prior proceeding. If a document, spreadsheet, schedule, etc. has internal formulas or other types of inter-cell relationships, the electronic media version shall be provided with such formulas or cell relationships intact.
If any series 7XX rule requires particular documents, data, information, etc. to be produced and the documents, data, information, etc. do not exist, the proceeding participant shall specifically so indicate. If any 7XX series rule requires information to be produced of a certain type or in a certain detail, format, etc. which is not so maintained in the normal course of business and accounting, the participant will so indicate and identify and provide what information does exist as maintained by the participant.
Information claimed to be confidential that would fall within any 7XX series rule that is filed or provided by a proceeding participant in connection with an application shall be filed or provided under the terms of R746-1-601 through 605 or any applicable protective order. If a proceeding participant believes a document, data, information, etc. would fall within any 7XX series rule but claims a privilege affects its production, in lieu of providing the document, data, information, etc., the participant shall provide a description of the document, data, information, etc. and explain the privilege's application to the document, data, information, etc.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-10 Test Period Information to Be Included With a General Rate Case Application

A. Cases where the test period is first identified in the application.

The applicant will provide information which will demonstrate what adjustments are required to be made to the 12 months of actual, unadjusted results of operations data, including all regulated costs and revenues, contained in the most recent periodic reported results of operations submitted to the Commission, to arrive at the test period used by the applicant in its application, on both a Utah jurisdiction and total company basis. If the public utility does not submit periodic reported results of operations to the Commission, the applicant shall use the public utility's most recently audited 12-month period in lieu thereof as the base period upon which the test period used in the application is developed.

a. Adjustments to be demonstrated include, but are not limited to: normalization adjustments, annualization adjustments, accounting adjustments, adjustments to reflect prior Utah regulatory decisions and policies made by the Commission with respect to any item or matter (including those which are not supported or advocated by the applicant for use in the general rate case) contained in the application, and all further adjustments to arrive at the test period used by the applicant in the general rate case filing.

b. The applicant will provide information explaining why the test period used is the most appropriate for the case.

c. In addition to the information relating to each adjustment identified in compliance with R746-700-10.A1.a, the applicant will also provide a summary index which identifies each adjustment or portion of an adjustment made in the filing material which can be used to locate where each adjustment or portion thereof is addressed, treated, applied, etc. in the application, testimony, exhibits and other documentation submitted. The summary index may be presented in testimony, as a table embedded in testimony, as an exhibit to testimony, or in any other manner so long as it is clearly identified.

If the test period used in the application is a future test period, in addition to the demonstration of adjustments to be made for the test period used by the applicant in the general rate case application, the applicant will make the same demonstration for the 12-month period ending on the last day of June or December, whichever is closest, following the filing date of the application if this alternative period does not have an end date beyond the test period used in the general rate case application.

B. Cases where the test period is identified and approved prior to the filing of an application.

An applicant planning to file an application may first request Commission approval of a test period to be used prior to filing an application. The request to approve the proposed test period shall be accompanied by testimony and exhibits providing information supporting the proposed test period.
Subsequent to the Commission's approval of a test period, the applicant may then submit an application, using as the test period for the case the test period previously approved by the Commission and need not provide the alternative test period demonstration required by R746-700-10.A.2.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-20 Information For a General Rate Case Application for an Electrical Corporation or a Gas Corporation

An applicant submitting a general rate case application shall provide the following information with the application, on a total company and Utah jurisdictional basis using the allocation methods used in the public utility's last general rate case proceeding or any allocation method subsequently approved by the Commission. An applicant will provide an index which identifies where in the application, testimony, exhibits, documents, information, data, etc. filed with the application the applicant has responded to and complied with these R746-700-20 rule requirements. The index may be presented in testimony, as a table embedded in testimony, as an exhibit to testimony, or in any other manner so long as it is clearly identified.

A. Historical results of operations information:

actual, unadjusted results of operations, including all regulated costs and revenues, for an historical 12-month period as contained in its last periodic reported results of operations filing submitted to the Commission.
adjusted results of operations for the same period.
a description of any significant changes in accounting policies for the 24-month period prior to the historical period and any subsequent accounting changes through the date of the general rate case application and, if a forecasted test period is used, any future significant changes included in a future test period, along with their impact on the filing. Significant changes for this purpose are anything referenced or that would be referenced in footnotes of financial statements or auditor's reports.

B. If a non-forecasted test period is used in the application, the applicant shall provide information identifying and supporting each and every modification to the historical results of operations to arrive at the non-forecasted test period used in the general rate case application.

C. If a fully or partially forecasted test period is used in the application, which forecasted test period was not previously approved by the Commission for the general rate case application, the following forecasted test period information shall be provided (the format of the forecasted test period data shall be comparable to the historical results of operation information):

Revenues, with details supporting the test period revenues including (as applicable):

a. Usage, per customer by customer class

b. Demand and energy usage

c. Assumptions used in the development of the revenue forecasts

d. Billing determinants, by customer class, used to calculate the forecast test period revenues.

e. Charges, fees, and rates used in the forecast development

f. Contract changes or other specific changes anticipated in the forecast.

Operating Costs, using the same cost categories as used in the base period used for compliance with R746-700- 10.A, with details supporting the test period operating cost information, including:

a. Forecasted costs relying on escalators or drivers will include the details of the base costs and the key drivers that impact the forecasted amount. If forecasted costs are not based on historical levels that have been inflated or escalated, the applicant shall provide supporting documents in the most detailed level available.

b. The information will identify the index or rate of inflation applied to accounts, budget items or specific cost components that result in adjusted costs in the forecasted test period. Source documents supporting the index or rate of inflation applied will be identified and will be provided or made available.

Labor Costs shall be identified separately. The applicant will provide:

a. The actual most recent number of full-time equivalent employees and, separately, the forecasted number of full- time equivalent employees for the forecasted period. The most recent number of actual contract labor employees and the forecasted number of contract labor employees for the test period will also be provided as available and separately identified.

The most recent number of actual union labor employees and the forecasted number of union labor employees for the test period will also be provided as available and separately identified.

b. The associated costs related to the full time equivalent labor and contract labor levels. Direct employees, contract employees, union and nonunion employees will each be provided separately.

c. Overtime costs, premiums, incentives, or other labor costs included in the forecast, with each provided separately. Union and nonunion costs shall be provided separately.

d. Any assumed salary and wage increases included in the projected labor costs will be identified. Any of the increases supported by a union contract will be so identified.

e. Pensions and benefits, overheads or other employee benefit costs that are included in the forecast period. Each of the separate employee benefit components will be separately identified (i.e., medical, dental, pensions, etc.) Any assumptions regarding projected increases in such costs caused by factors other than changes in full time employee levels will be identified and described, with supporting assumptions identified.

f. If projected increases in pension expense cause a material cost impact, at a minimum, the following information should be provided for one year prior to the historical period through the test period: service cost, interest cost, expected return on assets, net amortization and deferral, amortization of prior service cost, and total net periodic pension cost. The information shall also include for each of the 12-month periods the expected long-term rate of return on assets, discount rate, salary increase rate, amortization of transition asset or obligation, percent of pension cost capitalized, minimum required contribution per IRS, maximum allowable contribution per IRS, and actual (or projected) contribution made to the trust fund. Also included shall be the projected year-end balance at the end of each of the 12-month periods for accumulated benefit obligation, projected benefit obligation, fair value of plan assets, and market related value of assets.

Capital Expenditures or additions. The applicant will provide capital expenditures detail, and changes affecting rate base, including:

a. The detail for the changes, beginning with the start of the historic period results of operation through the test period. The detail will include dollar amounts and in-service dates.

b. The detailed calculation of depreciation expense and accumulated depreciation impacts as a result of the capital expenditures affecting rate base. For depreciation expense, the information will include the balances by plant account or function, depending on how the projection is done, to which the depreciation rates are being applied and the respective depreciation rates being used, by account or function, depending on how the projection is done.

c. Interdependencies of capital expenditures to operation and maintenance items will be identified.

d. A list will be provided of all major capital additions to rate base individually exceeding $1,000,000 or 0.01% of total company net plant in service, whichever is greater for each year, beginning with the year prior to the historic periodic reported year through the test period. Projects under $1,000,000 shall be grouped in aggregate utilizing the utility's usual plant categorizations. A brief description will be provided for each major capital addition in the list.

i. exceeding 0.1% of total company net plant in service or $5,000,000, whichever is greater, for an electrical corporation, or

ii. exceeding 0.1% of total company net plant in service or $1,000,000, whichever is greater, for a gas corporation.

e. Detailed calculation of plant retirements.

Regulatory Adjustments. The applicant will provide details of all the regulatory adjustments required in the filing:

a. Information for recurring regulatory adjustments, such as amortizations, indicating compliance with past Commission orders for any item included in the filing.

b. Separately, a reversing adjustment and the reasons for non-inclusion or departure from a Commission ordered practice or adjustments if the applicant does not wish to have them apply to the application.

c. Unless already included in unadjusted results, regulatory adjustment information will include disallowances from prior orders, implementation of accounting orders approved by the Commission, or other adjustments necessary to make the forecasted test period data acceptable for ratemaking in Utah. Each of the regulatory adjustments will be supported by prefiled testimony or a detailed description contained within the schedules.

Other Rate Base. Details of other rate base accounts shall be provided by the applicant. For other items of rate base, such as deferred debits, accumulated deferred income taxes, materials and supplies, miscellaneous rate base, customer advances, deferred credits, etc., the applicant shall provide information showing the 12-month period of the historical results of operations, and any changes, both debits and credits, to those amounts through the test period resulting in the projected amount included in the filing. The information shall provide descriptions of any adjustments and modifications made to the historical period amounts and assumptions included in the projections. For any accounts in which no change from the historical level is proposed, a description of why the amount is not forecasted to change shall be included.
Taxes. Forecasting methods, calculations and key assumptions used to adjust historical tax information to projected costs and results will be provided on a tax item basis (i.e., income, FICA, property taxes, etc).

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-21 Cost of Service and Rate Design Information for a General Rate Case Application for an Electrical Corporation or a Gas Corporation

An applicant shall file the following Cost of Service and Rate Design information with any general rate case application. An applicant will provide an index which identifies where in the application, testimony, exhibits, documents, information, data, etc. filed with the application the applicant has responded to and complied with these R746-700-21 rule requirements. The index may be presented in testimony, as a table embedded in testimony, as an exhibit to testimony, or in any other manner so long as it is clearly identified.

A. A Utah Class Cost of Service Study.

A Utah Class Cost of Service Study based on the test period with supporting documentation including the development of allocation factors.
If a new customer class is proposed, the applicant shall either:

a. include class cost of service studies; one which uses only existing customer classes and another with the newly proposed class included, or

b. explain why no cost of service study including the new customer class is included and how the new customer class is to be treated in setting rates in the case.

B. Its proposal for spreading any Utah revenue requirement change among the rate schedules. This will include the dollar and percentage revenue requirement change for each rate schedule.

C. Its proposed rates for each rate component of each rate schedule and the billing determinants for the test period for all rate components used to calculate revenues necessary to recover the proposed revenue requirement. An exhibit will be provided showing the test period blocking based on adjusted actual and forecasted billing units in the development of the revenues for each rate schedule.

D. Its proposed tariff sheets for all tariff provisions for which it proposes changes.

An applicant need not include proposed tariff sheets for changes to tariff pages showing rates, charges, or fees if these proposed price changes are provided in a readily identifiable form elsewhere in the application.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-22 Additional Information for a General Rate Case Application Using a Forecasted Test Period Filed by an Electrical Corporation or a Gas Corporation

If not already included with the application, pursuant to R746-700-20 or R746-700-21, an applicant shall also file with the Commission the following information or documents when filing a general rate case application which uses a forecasted test period. An applicant will provide an index which identifies where in the application, testimony, exhibits, documents, information, data, etc. filed with the application the applicant has responded to and complied with these R746-700-22 rule requirements. The index may be presented in testimony, as a table embedded in testimony, as an exhibit to testimony, or in any other manner so long as it is clearly identified. Contemporaneously with the filing of an application, an electrical corporation or gas corporations shall provide the following information and documents to the parties specified in R746-700-1.E.3, unless the information or document is already included in or with the application.

A. Definitions. As used herein, the following terms shall have the indicated meanings:

Time Periods. Definitions of time periods for which information is to be provided in compliance with this rule are as follows:

a. Year: A 12-month period designated as "12 months ending Month Date, Year".

b. Base Year (BY): The 12-month historical period ending on the ending date for the most recent periodic reported results of operations filing submitted for the public utility, or if it does not file periodic results of operations, the base period upon which the test period used in the application is developed.

c. Test Period (TP): The 12-month period used as the test period for the general rate case application.

d. Historical Year(s) (HY): Year(s) immediately preceding the Base Year.

e. To Date: Up to the most recent date for which information is reasonably available to the public utility in preparing its general rate case application.

f. Workpapers: The documents and source material used to develop the inputs to the general rate case filing. The type, nature, level of detail, format, etc. of the information compilation, schedule, document, etc. shall be reasonably comparable to that provided to parties in the public utility's prior general rate cases.

Provide, Describe, etc. The terms "provide" or "describe," or terms with similar meaning, shall mean to deliver available electronic copies and/or paper copies of designated data and documents to interested persons; provided that, when necessary and appropriate, prompt arrangements may be made for review of designated data and documents at a utility location in Utah or at another mutually agreeable place. Spreadsheets and workpapers are to be provided in "live" electronic format (not PDF), i.e. models and spreadsheets are to be provided with formulas intact and input data available.
Materiality. Materiality is defined as a change in requested Utah jurisdictional revenue requirement equal to or greater than 0.1 % of total state revenue requirement or $500,000, whichever is less.
Model(s). The term Model(s) shall mean the major analytical software tools and spreadsheets used by the utility to develop its general rate case application. Smaller analytical tools, such as special purpose electronic spreadsheets, are not included in the definition of the term Model(s) for purposes of this rule.

B. Revenue Requirement Information.

Forecasted test period data. A comparison of the Test Period data Results of Operations (RO) to the Base Year actual, unadjusted RO and adjusted RO on both a jurisdictional and total company basis. This is to be made available in a side- by-side comparison on a consistent basis by FERC Account.
Operating and Capital Budgets. A comparison of the utility's operating budget and capital budget to the actual results for the Base Year, the prior Historical Year, and To Date on a total company basis. This comparison is to be at the most detailed level available and provide available explanation for material variances.
Labor Costs. A comparison of budgeted labor costs and number of full-time equivalents to the actual labor costs and full-time equivalents by year for the Base Year and the prior Historical Year on a total company basis. These shall show separately, to the degree available, the direct labor costs, premiums, incentives, benefits and overhead costs. These shall show contract labor costs separately from direct labor costs, and union labor costs separate from nonunion costs. The information shall provide available explanations for material variances.
Workpapers. The information shall provide the forecast workpapers (including assumptions, spreadsheets and tests).
Forecasted Data - Revenue Requirement.

a. Support and explanations for forecasted values, including Base Year starting values, adjustments made to the Base Year values and key drivers that impact the forecasts, together with supporting documents.

b. Indices, inflation rates and escalation factors used in preparing forecasts, including supporting source documents.

c. A revenue requirement workbook that tracks all input data beginning with the Base Year through the Test Period. This will provide summarized revenue requirement sections of the jurisdictional allocation model for the Base Year, the Test Period and any intervening year. The workbook and summaries are to include, inter alia, billing determinants, rate base and capital structure, including dollar capitalization, for the specified Years.

d. Complete net power cost calculations for any intervening year between the Base Year and Test Period.

Models. Workable versions of Models utilized in determining or projecting rate case values, with formulae intact and source data included, along with available instructions and write-ups regarding use of the Model and written descriptions of the Model and its inputs.

C. Cost of Service Information

Forecasted Data - Class Cost of Service. Class cost of service data on a Utah allocated basis under all approved jurisdictional allocation methods for the Base Year and Test Period.
Forecasted Data - Rate Design. Test Period rate design data on a Utah allocated basis under all approved jurisdictional allocation methods used for reporting purposes.

D. Miscellaneous Information

Accounting - Changes. A detailed description of Material changes in accounting policies or procedures adopted by the utility since the prior general rate case or as anticipated through the end of the Test Period. This will include a detailed description of the impact of change in accounting policy or procedure on the Test Period and identify the basis of the change.
Accounting - Write-offs. A detailed description of Material write-offs of assets and/or liabilities from the start of the Base Year - To Date that affect Utah revenue requirement. For each material write-off, the following will be provided:

a. Copy of journal entry recording the write-off;

b. Detailed description of the purpose of the write-off;

c. Copies of studies, reports or analyses done in determining whether or not to write off the asset;

d. Amount of the write-off and identification of the accounts charged on a total Company and a Utah jurisdictional basis; and

e. Amount included in the projected Test Period for write-offs, if any, on a total Company and a Utah jurisdictional basis, by account.

Affiliates - Organizational Charts. For the Base Year and Test Period and continuing To Date, the affiliates organization chart for the utility including a clear indication of affiliates, parent companies, divisions and subsidiaries indicating their regulatory status.
Affiliates. A detailed description of corporate restructurings and changes in affiliate relationships since the filing of the prior general rate case and also describe changes in the corporate and affiliate relationships between the Base Year and the end of the Test Period reflected in the filing.
Affiliates. A copy of Material new or Materially modified contracts or agreements entered into since the filing of the prior general rate case, including attachments thereto, if relevant to the costs the utility seeks to recover from Utah ratepayers through Utah regulatory operations or costs allocated or directly charged to Utah regulated operations included in the general rate case application, between the utility and/or its parent company and affiliated companies for services and/or goods rendered between or among them. This is to include a list of active contracts unless already provided in the most recent Affiliate Interest Report.
Affiliates. A copy of cost allocation manuals and/or policies and procedures that set forth the detailed cost allocation methodology and/or pricing methodology used to charge costs between affiliates that have changed since the filing of the prior general rate case.
Audit - Financial. A copy of each adjusting journal entry made in response to the utility's independent auditors' final recommendations in their most recent audit of the utility. Supporting documentation will be included. The information will also identify and provide adjusting journal entries included in the independent auditors' final recommendations that were not accepted by or made by the utility, along with a description of why the adjustment was not accepted or made.
Audit - Financial. A copy of management letters received from the utility's independent auditors or responses to those management letters for the Base Year, the prior Historical Year and the period To Date.
Audit - Financial Audit Workpapers. If access to audit workpapers is allowed by the utility's independent auditor, the utility will coordinate review of the financial audit workpapers for the most recent completed financial audit conducted by the utility's independent auditors at a mutually agreed upon location. If access to workpapers is not allowed by the independent auditor, the utility will coordinate the review of the most recent quarterly review conducted by the utility's independent external auditors prepared for the utility's board of directors.
Audits - Internal. A listing of internal audits conducted by or for the utility or its parent company for the Base Year, the prior Historical Year and To Date if relevant to the costs the utility seeks to recover from Utah ratepayers through Utah regulatory operations or the costs allocated or directly charged to Utah regulated operations included in the general rate case application. Notice of Internal Audit reports completed during the pendency of the case will be provided upon completion to all parties participating in the case.
Board of Directors - Meeting Minutes. The Board of Directors' meeting minutes for the Base Year, the prior Historical Year and To Date for the utility and the parent company if relevant to the costs the utility seeks to recover from Utah ratepayers through Utah regulatory operations or the costs allocated or directly charged to Utah regulated operations included in general rate case filings for the same period.
Budget. Complete copies of detailed annual operating and capital budgets for the Base Year through the end of the Test Period.
Budget. Copies of operating and capital budget instructions and directives provided to employees, including assumptions, directives, manuals, policies and procedures, timelines, and descriptions of budget procedures for the budget or forecast for the Test Period and To Date.
Budgets - Operating Plans. If available, copies of written operating plans that describe the utility's goals and objectives for the Base Year through the end of the Test Period.
Budget - Variance. A complete copy of quantitative and narrative monthly, quarterly and annual comparisons of operating and capital budgets to actual expenditures for the Base Year, the prior Historical Year, and for the period from the Base Year To Date.
Cost of Capital - Debt Expense. The currently forecasted financings for the next three years.
Cost of Capital - Debt Expense. The monthly balance of short-term debt and monthly short-term debt cost rates, for the Base Year, the prior two Historical Years and To Date.
Cost of Capital. Copies of the most recent bond rating agencies reports on the Company.
Employee Costs. A breakdown of the total amount of gross payroll and employee benefit costs (by benefit type) for the Base Year, the prior Historical Year and through the end of the Test Period between amounts expensed and amounts capitalized and provide the percentage of payroll and employee benefits (by benefit type) charged to expense for each Year.
For the Base Year, the prior Historical Year, To Date and for the Test Period, the amount of overtime, the amount of premium pay, the amount of other salary/labor costs and the amount of incentive compensation in total and expensed for each.
Employee Costs. A list of compensation and benefit studies the utility has for the Base Year, the prior Historical Year and To Date and indicate which of the studies were used (if any) in projecting the compensation and employee benefit costs for the Test Period.
Employee Costs - Employee Levels. Describe, in detail, Material employee reductions, employee severance plans, or early retirement programs conducted or anticipated by the utility during the Base Year, the prior Historical Year, and To Date and as projected through the end of the Test Period that are and are not reflected in the application. If anticipated, but not reflected in the application, explain why they are not included. This should provide information on major plans or programs beyond cost management efforts undertaken in the normal course of business. This should include, but not be limited to, a detailed description of the plan, number of employees offered or projected to be offered early retirement or severance, number of employees accepting or projected to accept early retirement or severance, projected cost savings and costs associated with the program. For costs incurred, identify the amounts, by FERC account, and the dates the entries were booked.
Employee Costs - Employee Level. Separate lists of the budgeted and the actual number of employees (where available), by month, for the Base Year, the prior Historical Year, the Test Period and To Date. If the labor force levels are other than full-time equivalent positions, provide a separate listing stated in terms of full-time equivalent positions.
Employee Costs - Wages and Salaries Levels. The actual percentage of increases in salaries and wages for exempt, non-exempt and union employees for the Base Year, the prior Historical Year, Test Period and To Date.
Employee Costs - Incentive Plans. Complete copies of bonus programs or incentive award programs in effect for the utility for the Base Year, the prior Historical Year, the Test Period and To Date. Identify incentive and bonus program expenses incurred in the Base Year, the prior Historical Year, the Test Period and To Date and identify the amounts included in the Test Period. Identify the accounts charged. Identify incentive and bonus program expenses charged or allocated to the utility from affiliates or the parent company in the Base Year, the prior Historical Year, the Test Period and To Date.
Employee Costs - Benefits. A listing of health and other benefits received by employees during the Base Year. Provide a detailed description of changes to employee benefits occurring subsequent to the Base Year To Date and anticipated future changes through the end of the Test Period that are reflected in the filing.
Employee Costs - Pensions. The two most recent pension actuarial reports prepared for the utilty.
Employee Costs - Post Retirement Benefits Other Than Pensions (PBOP). The two most recent PBOP actuarial reports prepared for the utility.
Employee Costs - Pensions and Post Retirement Benefits Other Than Pensions (PBOP). The list of assumptions used by the utility and its actuaries regarding the pension and PBOP costs for the Test Period that are included in the filing.
Operation, Maintenance, Administrative and General (OMAG) Expenses - Other - Contributions. For the Base Year and the Test Period, a list of contributions for charitable and political purposes, if any, included in accounts other than below the line. Indicate the amount of the expenditure, the recipient of the contribution, and the specific account in which the expense is included in the filing. Also identify for the Base Year and the Test Period the amounts of contributions for charitable and political purposes charged to the utility from affiliates in accounts other than below the line accounts.
OMAG Expenses - Advertising. For the Base Year, the prior Historical Year and the Test Period the amount of advertising expense, by account, by type of advertising (i.e., informational, instructional, promotional).
OMAG Expenses - Dues, Industry Associations. The Material amounts included in the Base Year, the prior Historical Year and the Test Period for above-the-line payments to industry associations. Identify the organization/association name and amounts, along with the account in which the costs are included in the filing. If any of the dues or other amounts paid to the organizations/associations go toward lobbying and public relations efforts and are recorded in above-the-line accounts, provide the associated amounts included in the above-the-line accounts whether Material in magnitude or not.
OMAG Expenses - Outside Services Expense. An itemization of Material outside services expenses included in FERC account 923 for the Base Year, the prior Historical Year and the Test Period.
OMAG Expense - Injuries and Damages. The amount of injuries and damages expense for the Base Year, the prior Historical Year, the Test Period and To Date.
OMAG Expense - Insurance. The amount of insurance expense, by insurance type (i.e., property insurance, liability insurance, workers compensation, directors and officers liability insurance, etc.) for the Base Year, the prior Historical Year and the Test Period and identify the accounts the associated costs are included in.
OMAG Expense - Insurance. For insurance coverage for which the utility is self-insured, a description of that self insurance, a description of how it is accounted for in the utility's books and records and a description of activity for the Base Year, the prior Historical Year and the Test Period.
OMAG Expense - Legal Settlements. A list of Material amounts included in the Base Year and the Test Period (on a direct charge basis, affiliate billing, or allocation) that are the result of the settlement of lawsuits or other legal action.
OMAG - Uncollectibles - Bad Debt Reserve. For the Base Year, the prior Historical Year and the Test Period the beginning bad debt reserve balance, the amount written off, the recoveries, the reserve adjustment, other charges or credits, and the ending reserve balance. For the same periods, provide the total amount of retail revenue from retail sales and total retail bad debt expense.
OMAG - Uncollectibles. A detailed description of changes in the utility's collection policies or write-off policies since the filing of the prior general rate case.
OMAG - Cost-saving Programs. A list and detailed description of cost-saving or cost increasing programs and initiatives implemented during the Base Year, To Date, and included in the Test Period. This should provide information on major plans or programs beyond efforts undertaken in the normal course of business and having a Material impact.
Financial - Strategic Plans. Copies of completed strategic plans and the most recent plan approved by the Board of Directors for the utility and the plan that was utilized at the time of and in the preparation of its application, if different.
Penalties and Fines. A list of penalties and fines in the Base Year and the Test Period and indicate in which accounts the associated amounts are included.
Rate Base - Working Capital. A complete copy of the lead/lag study, with supporting workpapers, used to compute cash working capital for the utility's application.
Reserve Accounts. Information on whether or not the utility maintains reserve accounts (e.g., an injuries and damages reserve account). If so, provide the monthly balances in reserve accounts for the Base Year, the prior Historical Year, the Test Period and To Date. This listing should include the monthly debits and credits to the reserve accounts. Also, provide the amount included in the Base Year and the projected Test Period expenses, by account, for building-up the reserve balances.
Revenues: Regulated Retail Sales. Provide by customer class, by month, the number of customers, actual usage, and normalized usage for the Base Year, the prior Historical Year, the Test Period and To Date.
Revenues - Other. Provide on a total company and a Utah jurisdictional basis, for the Base Year, the prior Historical Year, the Test Period and To Date the amount of other nonregulated-retail-sales revenues by revenue type.
Sales of Property. For the Base Year, the prior Historical Year, the Test Period and To Date, information showing whether the utility sold property, in which the proceeds for a property, which alone, or for multiple properties, which in the aggregate, would be Material. If so, for each such sale identify the property sold; whether, when, and in what manner it was included in rate base; show details of how the gain or loss was calculated; indicate when the sale occurred; and explain how and whether the utility is treating such gain or loss in its application. For sales in which the proceeds would be Material, individually or in the aggregate, provide a list of any properties currently offered for sale and those projected to be offered for sale through the end of the Test Period. The property sales information may be limited to sales of property that had been or are included in Utah rates while in service.
Taxes: Income. A list of and provide copies or make available for review, subject to R746-1-601 through 605, an appropriate protective order, confidentiality agreement, or other confidentiality protective arrangement, depending on specific content, revenue ruling requests, IRS responses, and correspondence between the utility and the IRS since the filing of the prior rate case.
Taxes: Income. Provide copies or make available for review, subject to R746-1-601 through 605, an appropriate protective order, confidentiality agreement, or other confidentiality protective arrangement, copies of the most recent State and Federal income tax returns in which the utility participated.
Taxes: Income. Provide a copy of the current tax sharing agreement in which the utility participates.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-23 Additional Power Costs Information for a Forecasted Test Period to Be Filed by an Electrical Corporation

A. An electrical corporation that has included power costs in a forecasted test period shall also file with the Commission the following information or documents relating to its power cost projections with a general rate case application. An applicant will provide an index which identifies where in the application, testimony, exhibits, documents, information, data, etc. filed with the application the applicant has responded to and complied with these R746-700-23 rule requirements. The index may be presented in testimony, as a table embedded in testimony, as an exhibit to testimony, or in any other manner so long as it is clearly identified. Contemporaneously with the filing of an application, an electrical corporation shall provide the following information and documents to the parties specified in R746-700-1.E.3, unless the information or document is already included in or with the application.

B. All information should be provided or available electronically and, in the case of Excel spreadsheets, with all formulas intact including all hierarchy of linked spreadsheets. The term "PCM" herein refers to any power cost model used by the utility, or any subsequent enhancements to or replacements of the power cost model used in the utility's last prior general rate case. The term "workpapers" means the documents used to develop the inputs to the PCM. This may include such items such as contracts, emails, white papers, studies, utility computer programs, Excel spreadsheets, word process documents, pdf and text files, computer programs, or any other data or documents relied upon to support the cost details in the application. If the inputs used in the PCM were developed from a document, such as a contract, provide the contract with the PCM inputs highlighted.

C. Power Cost Modeling Data:

Workpapers that show the source, calculations and details supporting the testimony, other exhibits and all PCM input data. The workpapers will include, at a minimum, copies of the net power cost report in Excel and the net power cost model database.
Identification of the time periods (Reference Period) used to determine input items (e.g., outage rates) in the PCM which are based upon an examination, average, etc. of a multi-year period.
Compilations of actual net power costs produced by the utility that were referenced in the testimony or exhibits, to the extent that actual power cost results are discussed or cited in the utility's testimony or exhibits.
A list and explanation of all modeling or logic changes or enhancements to the PCM that have been implemented since the last prior general rate case. This will include a statement of the direction and amount of change in net power costs resulting from each such change and documentation describing each Material change as well as PCM runs and workpapers quantifying the impacts of these changes.
Access to or a copy of the PCM model used by the utility to compute power costs in the Test Period.
The latest documentation for the PCM.
The current topology maps in the PCM along with an explanation for all the differences that have been made to the topology since the last prior general rate case and an explanation of why the changes were made. Include supporting documentation, such as contracts resulting in changes to the transfer capabilities used in the PCM.
All documents, workpapers, data or other information used by the utility in determining, setting, or calculating any PCM input, constraint, etc., including, but not limited to, where applicable:

a. market caps,

b. outage rates (planned and unplanned) including all backup data showing each outage (planned or unplanned, etc.) and duration (planned or unplanned) considered in the Reference Period, including NERC cause code, type of event, duration, energy lost, etc.,

c. the date and a copy of any forward price curve used, showing monthly heavy load hour and light load hour,

d. short-term firm transactions (including short-term firm indexed transactions and swaps), each transaction or contract will have a designation as to its purpose (i.e., trading, arbitrage or balancing.),

e. all contracts modeled in the PCM that were not included in or have been amended since the last prior general rate case, providing for each:

(i) A copy of the contract (in pdf or electronic format, if available), and

(ii) input assumptions related to the contract,

f. all fuel cost inputs,

g. heat rate curves for each resource, including the derivation of the heat rate curves,

h. identification of each instance in which the utility changed any maximum capacities, minimum up or down times or unit minimum capacities for thermal or hydro generators modeled in the PCM since the last prior general rate case,

i. each load adjustment,

j. inputs for Qualifying Facility or QF contracts,

k. screens applied to restrict uneconomic dispatch of resources,

l. start up fuel costs, start up O and M costs and any other form of start up costs modeled,

m. loss factor data used to develop the load forecast for the system and for each state for the most recent five calendar years and for the most recent five fiscal years; include a comparison of those loss factors to those that were used in developing loads for the PCM for the test period used in the case,

n. the system level loss factors assumed in any PCM used in the most recent (or current) rate cases for any other jurisdiction in which the utility operates,

o. the actual generation of each coal, gas, hydro and wind generating unit modeled in the PCM for each month for the Reference Period, p. hourly generator logs for each wind, coal, gas and hydro unit modeled in the PCM for the Reference Period,

q. the schedule for each generation unit's planned and actual outages for the test period, the most recent calendar year and the next four calendar years,

r. hourly logs for all contracts modeled in the PCM, showing actual data (hourly sales or purchases) for the Reference Period,

s. the details of Short Term Firm and Non-Firm transmission used by the utlity during the Reference Period.

t. for each of the transmission contracts whose costs are included in the PCM, identify the purpose of the transaction, why it is used and useful in the test period, the amount of capacity or type of transmission service it provides, and where the capacity or service provided by this contract is modeled in the PCM,

u. data for the Reference Period or for the most recent four years available for all third party transmission imbalance transactions that have been included in Short Term Firm or secondary transactions during that period,

v. any links and other inputs for Short Term Firm (including any related to SP 15) and Non-Firm transmission modeling used in the PCM,

w. the hydro planned and unplanned outage rate,

x. to the extent that the utility uses any ramping adjustment in its case, information describing and detailing all ramping adjustments made (including all ramping energy assumed to be lost for each outage event modeled in the ramping analysis),

y. the costs of wind integration as modeled in the PCM, and

z. hedging contracts, already in place and those assumed for forecasting purposes.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-30 Information for an Alternative Cost Recovery for a Major Plant Addition Application Filed by an Electrical Corporation or a Gas Corporation

An applicant submitting an alternative-cost-recovery-for-a-major-plant-addition application shall include the following information as part of the application, on a total company and Utah jurisdictional basis using Commission approved allocation methods where applicable. If the same information was previously provided by the applicant in a prior proceeding in which the plant's construction or acquisition was approved by the Commission pursuant to 54-17-302, the applicant shall provide copies of such previously provided information with the application. If the plant's construction or acquisition was approved subject to conditions pursuant to 54-17-302, the information shall be provided as ordered by the Commission in the order approving the major plant addition subject to conditions. An applicant will provide an index which identifies where in the application, testimony, exhibits, documents, information, data, etc. filed with the application the applicant has responded to and complied with these R746-700-30 rule requirements. The index may be presented in testimony, as a table embedded in testimony, as an exhibit to testimony, or in any other manner so long as it is clearly identified.

A. General Information.

All documents and presentations that were provided to management, senior management and the Board of Directors of the utility and its affiliates related to the plant addition.
Copies of all Board of Directors' minutes of the utility and its affiliates where the plant was discussed, approved, reviewed, evaluated, or presented.
Details of the plant being acquired including its location, capacity, technologies used, project milestones or progress dates, projected in-service date and demonstrating that the plant addition is a major plant addition under 54-7-13.4.
Description of any changes, modifications, etc. to the existing utility plant/system that may be necessary to integrate the plant addition with the utility's system.
Information establishing the prudence of the plant addition, information addressing the provisions of 54-7-13.4, and the provisions of 54-17-302 and 54-17-303.
Information establishing the consistency of the plant addition to projected plant acquisitions in the utility's latest Integrated Resource Plan and its Action Plan. Show that the plant addition resource is as favorable or more favorable than the compared Integrated Resource Plan resource items in terms of least cost and least risk or explain why it need not.
Any and all documents and analyses that address the plant addition's projected costs, savings and benefits and demonstrate how and when the utility's ratepayers will see a net benefit from the plant addition and quantify the net benefit.
Where applicable, information on whether and how the plant addition has been or will be inspected as part of due diligence, including identification of who conducted or will conduct the inspection and copies of all reports or other documents prepared by the inspectors.
A list of all outside consultants or advisors used, or expected to be used by the utility in connection with the plant addition and all reports, including interim reports, prepared by outside consultants or advisors.
All internal reports that were prepared when analyzing the purchase or construction of the plant addition.
Where applicable, copies of contracts that are expected to be assumed following close of acquisition.
Where applicable, copies of all contracts between the utility and the seller or operator of the plant addition.
Where applicable, a history of the plant addition to be acquired including financial and performance characteristics for the past five years, or from the start of commercial operation, whichever is less.
Where applicable, information on the utility's understanding of the reasons why the seller is selling the facility.
Where applicable, information on the seller's book value of the plant.
An indication whether the seller will allow interested persons who have signed a confidentiality agreement with the utility access to the seller's books and records for audit, and what restrictions may apply to such access.

B. Financial and Revenue information.

Provide information of the revenues, costs and benefits arising from the plant addition, identifying any limits and conditions on forecast information/calculations.
Information on the net revenue impact of bringing the plant online and operating the plant within the utility's system compared to operations without the plant.
Justification for any acquisition premium the utility plans to include in rates and recover from ratepayers.

C. Capital cost, rate base and jurisdictional allocation information.

Information on how the utility plans to finance the construction or acquisition of the plant addition. This is to include the timing and amount of any equity, debt, or other security issuances and any documents to, or received from, any investment bankers or other entities regarding the issuance of any securities connected with the plant addition.
Information indicating whether the utility has discussed the plant addition with any rating agencies and provide any reports or rating agencies provided with respect to the plant addition. If not, indicate when it plans to discuss the plant addition with any rating agency.
Information on how much of the purchase price or construction costs the utility intends to place into rate base.
Information showing the amount and relating to any analysis of AFUDC associated with the plant addition.
Information on the utility's anticipated jurisdictional allocation for the plant addition and any change in allocation factors and other plant, revenue and expense/cost allocations arising from the plant addition.

D. Cost and Operating Expenses Information.

A complete analysis of all costs associated with constructing, acquiring and operating the plant for which the utility will seek recovery from Utah ratepayers and identify any costs for which no recovery will be sought from Utah ratepayers.
Information on all clearances, permits or other government regulatory authorizations necessary, to be modified and completed for the plant and their associated costs.
Information on any liquidated damages clause and early termination fees, penalties, or other expenses which may be incurred if the plant is not completed or acquired.
Information on whether that are any integration costs or fees (transmission, pipeline, etc.).
Information on any costs analysis analyzing bringing the plant online.
Information on how the plant addition will change and the amount of change on the utility's Operation and Maintenance costs.
All operating cost analyses that have been completed related to the plant addition.
The planned accounting treatment for the plant, including the proposed journal entries or other accounting entries for such planned accounting treatment.
A description of and the amounts for overhead, closing, contingent or any other costs for which the utility expects it will ask recovery as a result of the acquisition.

E. For an electrical corporation, the following Net Power Costs information.

The impacts of the plant addition on any utility power cost and production cost dispatch models. If any models are revised to accommodate the plant addition, the revised models will be available to the parties participating in the application proceeding.
A net power cost study (NPC) in the utility's production cost dispatch model that documents changes from previous net power cost estimates. All relevant workpapers and documentation to allow any other person to perform an independent analysis and verification of the NPC will be provided.
Show how the plant addition impacts planned outages, unplanned outages, and maintenance at the utility's generation resources.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-40 Information for a General Rate Case Application for a Telecommunications Corporation

An applicant submitting a general rate case application shall provide the following information with the application, on a total company and Utah jurisdictional basis using Commission approved allocation methods. An applicant will provide an index which identifies where in the application, testimony, exhibits, documents, information, data, etc. filed with the application the applicant has responded to and complied with these R746-700-40 rule requirements. The index may be presented in testimony, as a table embedded in testimony, as an exhibit to testimony, or in any other manner so long as it is clearly identified.

A. General Information

Historical results of operations information consisting of actual, unadjusted results of operations, including all regulated costs and revenues, for an historical 12-month period used as a basis for the test period.
Adjusted results of operations for the same period. These adjustments shall include, but are not limited to, normalization adjustments, annualization adjustments, accounting adjustments, adjustments to reflect prior Utah regulatory decisions and policies made by the Commission with respect to any item or matter (including those which are not supported or advocated by the applicant for use in the general rate case) contained in the application.
Description and details for all additional adjustments necessary to arrive at the test period used in the general rate case application.
A description of any significant changes in accounting policies or procedures for the 12-month period prior to the historical period and any subsequent accounting changes through the date of the general rate case application and, if a future test period is used, any future changes included in a future test period, along with their impact on the filing. Significant changes for this purpose are anything referenced or that would be referenced in footnotes of financial statements or auditor's reports.
Information giving a fully referenced Part 64 and, where available, a Part 36 allocation. If no Part 36 allocation information is available, the utility shall provide an alternative permitting comparable cost of service allocations. Fully referenced means that sources of all total amounts are indicated and that source documents are included in the filed information. The names and sources of allocators to determine jurisdictional or non regulated portions shall be included in lines with the allocated amounts. The Part 64 allocation shall provide full allocation of all joint costs incurred by the utility for both non- regulated and regulated activities and affiliated companies.
A copy of each adjusting journal entry made with supporting documentation in response to the utility's independent auditors' final recommendations in their most recent audit of the utility. The utility will identify and provide adjusting journal entries included in the independent auditors' final recommendations that were not accepted by or made by the utility, along with a description of why the adjustment was not accepted or made.
A copy of management letters received from the utility's outside auditors or responses to those management letters for the time period of the beginning of the historical period to the date of filing of the application.
A listing of internal audits, and copies thereof, conducted by or for the Company or its parent for the time period beginning with the historical period to the date of the application, if relevant to the costs the utility seeks to recover from Utah ratepayers through Utah regulatory operations or the costs are allocated or directly charged to Utah regulated operations included in the general rate case application.
Beginning with the start of the historical period, provide the affiliates organization chart for the utility including a clear indication of affiliates, parent companies, divisions and subsidiaries indicating their regulatory status. Include a personnel organization chart with names that provides line of authority and reporting for board members, management and mid- management including joint responsibilities for non-regulated affiliate responsibilities.
A detailed description of corporate restructurings and changes in affiliate relationships since the prior general rate case and also describe changes in the corporate and affiliate relationships between the historical period and the end of the test period used in the application.
Beginning with the two years prior to the historical period through the date of the application, provide the beginning bad debt reserve balance, the amount written off, the recoveries, the reserve adjustment, other charges or credits, and the ending reserve balance. For the same period, provide the total amount of retail revenue from retail sales and total retail bad debt expense.
A detailed description of any changes in the utility's collection policies or write-off policies since the last general rate case.
A list of penalties and fines in the historical period and the test period and indicate in which accounts the associated amounts are included.
Description of all calculations and all supporting spreadsheets and explicit data source information for all numbers in the narrative portion of the application or any testimony and exhibits included with the application.

B. Tax adjustments

An exhibit explaining procedures used to calculate test period tax adjustments.
An adjustment summary for tax expenses for normalized results of operations.
Information explaining every adjustment that is done to test period tax expense and that is shown in the adjustment summary. Adjustments will be in "top sheet" form.
A list of, revenue ruling requests, IRS responses, and correspondence between the utility and the IRS since the last general rate case.
A copy of the current tax sharing agreement in which the company participates.
List all property held for future use included in rate base. Listed property shall not include any item included in plant in service in rate base and the pro forma balance. The description shall include:

a. Location of property;

b. Date of acquisition;

c. Original cost;

d. Accumulated depreciation;

e. net original cost;

f. Planned or expected in-service date; and

g. Planned or expected use of property.

Copies of supporting work papers on the account Property Held for Future Use which shall include an explanation of all additions and transfers, including:

a. Description of property;

b. Description of transaction; and

c. Amount.

C. An applicant need not file the following information or documents with a general rate case application, but shall have such information and documents available for delivery and shall include a certification with its application that this information and these documents have been prepared and are available at the time it files its general rate case application. Contemporaneously with the filing of an application, an applicant shall also deliver this information and these documents to the Division of Public Utilities.

The financial audit work papers for the most recent completed financial audit conducted by the utility's independent auditors. The utility will provide a letter authorizing the external audit firm to meet with requesting parties to discuss work papers with them and allow parties to make copies of selected work papers.
Any revenue ruling requests, IRS responses, and correspondence between the utility and the IRS since the last general rate case.
Copies of the most recent State and Federal income tax returns in which the utility participated.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-41 Cost of Service and Rate Design Information for a General Rate Case Application for a Telecommunications Corporation

An applicant shall file the following Cost of Service and Rate Design information with any general rate case application.

A. A Utah Class Cost of Service Study or alternative comparable class cost of service information based on the test period with supporting documentation including the development of allocation factors.

B. Its proposal for spreading any Utah revenue requirement change among the rate schedules. This will include the dollar and percentage revenue requirement change for each rate schedule.

D. Its proposed tariff sheets for all terms, rates, charges fees, etc. for which it proposes changes.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-50 Information for a General Rate Case Application for a Water Corporation

An applicant shall be in compliance with the reporting requirements of R746-400 prior to submitting an application for a general rate case. If the applicant is not in compliance with that rule, the applicant shall first submit any missing reports prior to submitting an application for a general rate case. An applicant submitting a general rate case application shall provide the following information with the application:

A. General Information:

Most recent Division of Drinking Water certification/report.
Certificate of Public Convenience and Need Number granted by the Commission and its date.
Date the utility started operation.
The number of connections approved and current area served, which may be shown by service area map.
Ownership and officers.
Associated companies (if any).
A copy of its current tariff.

B. Engineering Information.

Source of water supply
Information for all Wells
Mains and meters information
Reservoirs information
Storage capacity
Service deficiencies and remedies
Service quality
Additions or improvements in the last five years
Any anticipated additions or improvements
Efforts to encourage conservation

C. Customer Connection Information

Each connection identified by unique lot number or address
The date first put into service
Whether metered or unmetered.
Whether classified as residential or commercial
The water usage per month or billing cycle, showing minimum and overage gallons used
The amount billed per month or billing cycle
The anticipated growth, showing minimum and overage gallons used
Water usage and billings projected for the next three years
Information on any secondary/irrigation water system (the same information as C. 1, 2, 5, 6, 7 and 8 above).
Identification whether secondary water is distributed through the culinary system.

D. Accounting and Financial Data, which shall include the prior two complete years and current up to the date of general rate case application, unless otherwise specified:

Identification (contact information) for any accountant used by the utility.
Copies of the General Ledger.
Copies of the Balance Sheet
Copies of the Income Statement
Pro Forma Income Statements, categorized by the National Association of Regulatory Utility Commissions, NARUC, System of Accounts, to include: a. the prior two years of revenues and expenses, and

b. the projected revenues and expenses for the next three years, to include the Company's anticipated growth rate and requested rate increase.

A copy of or the utility's check register
Billing documentation/reports, tied back to the tariff rates
Information on the utility plant, including, but not limited to:

a. Acquisition date,

b. Acquisition price or cost,

c. Salvage value,

d. Expected useful life,

e. Annual depreciation amount per asset,

f. Accumulated depreciation per asset and reconciled to the total accumulated depreciation amount to the most recent Annual Report. (If these amounts do not match the most recent Annual Report provide detailed explanations for any needed adjustments),

g. If an asset was donated, the amount applied to Contribution in Aid of Construction per asset,

h. If donated, the accumulated amortization of the Contribution in Aid of Construction per asset and reconciled to the total accumulated amortization amount to the most recent Annual Report. (If these amounts do not match the most recent Annual Report provide detailed explanations for any needed adjustments), and

i. Projected future asset purchases for the next three years, providing the estimated acquisition date and price.

Copies of tax returns for the prior two complete years,
Information on all Notes Payable, Loans, and other Obligations, This will include all outstanding and those retired within the past two years, including:

a. Interest rate,

b. Beginning date,

c. Date of last scheduled payment (the Loan pay-off date), and

d. Amount of payment

E. Customer Notice Information

A copy of any notice sent to customers notifying them that the utility is seeking a rate increase.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

Utah Admin. Code R746-700-51 Cost of Service and Rate Design Information for a General Rate Case Application for a Water Corporation

An applicant shall file the following Cost of Service and Rate Design information with any general rate case application.

A. A Class Cost of Service Study, if one has been prepared, based on the test period with supporting documentation including the development of allocation factors.

B. Its proposal for spreading any revenue requirement change among the rate schedules. This will include the dollar and percentage revenue requirement change for each rate schedule.

D. Its proposed tariff sheets for all terms, rates, charges fees, etc. for which it proposes changes.

History

KEY: utilities, filings, applications, major plant additions
Date of Last Change: September 23, 2009
Notice of Continuation: July 31, 2024
Authorizing, and Implemented or Interpreted Law: 54-7-12(1)(b)(ii); 54-7-13.4(1)(a)(ii)

R747 Utility Facility Review Board

R747-1 Utility Facility Review Board Rule

Utah Admin. Code R747-1-101 Title and Definitions

(1) This rule R747-1 is known as the "Utility Facility Review Board Rule."

(2) As used in this Rule R747-1, "Board" means the Utility Facility Review Board created in Utah Code Section 54-14-301.

History

KEY: Utility Facility Review Board, public utilities, electronic meetings
Date of Last Change: July 9, 2020
Notice of Continuation: July 7, 2025
Authorizing, and Implemented or Interpreted Law: 54-14-104; 52-4-207(2)

Utah Admin. Code R747-1-102 Authority

This rule is adopted pursuant to Utah Code Section 54-14-104.

History

KEY: Utility Facility Review Board, public utilities, electronic meetings
Date of Last Change: July 9, 2020
Notice of Continuation: July 7, 2025
Authorizing, and Implemented or Interpreted Law: 54-14-104; 52-4-207(2)

Utah Admin. Code R747-1-103 Electronic Meetings

(1) An electronic meeting may be scheduled:

(a) by the Board on its own initiative; or

(b) at the request of an interested person who is unable to attend in person.

(2) A person who requests an electronic meeting pursuant to Subsection R747-1-103(1)(b) shall submit the request to the Board at least three business days prior to the scheduled meeting date and time.

(3) A quorum of the Board is not required to be present at a single anchor location for an electronic meeting.

(4) Any number of separate connections for participants is allowed for an electronic meeting, unless the Board limits the number of separate connections based on available equipment capability or other relevant and reasonable considerations.

(5) An electronic meeting will not be separately noticed solely to inform the public that one or more participants, including Board members, will participate telephonically.

History

KEY: Utility Facility Review Board, public utilities, electronic meetings
Date of Last Change: July 9, 2020
Notice of Continuation: July 7, 2025
Authorizing, and Implemented or Interpreted Law: 54-14-104; 52-4-207(2)