54-26-101. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

As used in this chapter:

(1)"Closed private generation system" means electric generating facilities and associated transmission infrastructure that:

(a)is not connected to and operates independently from the transmission system of a qualified electric utility, cooperative utility, municipal utility, or other utility;

(b)serves one or more customers with a minimum cumulative electrical demand of 100 megawatts; and

(c)serves one or more large load customers through direct connection.

(2)"Connected generation system" means electric generating facilities and associated transmission infrastructure that:

(a)is connected to and operates in conjunction with the transmission system of a qualified electric utility;

(b)serves one or more large load customers through connection to the transmission system of a qualified electric utility; and

(c)except as provided in a large load contract, operates independent of the generation resources of any qualified electric utility, cooperative utility, municipal utility, or other utility.

(3)"Evaluation" means an assessment that:

(a)evaluates the impact of a large-scale service request on a qualified electric utility's systems;

(b)identifies any necessary:

(i)system modifications or upgrades to the qualified electric utility's system to provide service as requested in a large-scale service request;

(ii)generation capacity; or

(iii)transmission service requests;

(c)provides cost estimates for any required improvements; and

(d)establishes an estimated timeline for implementing any necessary system changes.

(4)"Large load contract" means a large load construction contract or a large load service contract.

(5)"Large load construction contract" means a contract for the construction of large load facilities between:

(a)a qualified electric utility or a large-scale generation provider; and

(b)a large load customer.

(6)"Large load customer" means a current or potential customer in the service territory of a qualified electric utility that:

(a)requests electric service under a large-scale service request; or

(b)enters into a private generation contract with a large-scale generation provider.

(7)"Large load facilities" means facilities and resources reasonably necessary, as determined in an evaluation, to provide safe and reliable electric service as requested in a large-scale service request, including the reasonably allocated share of facilities or upgrades necessary to facilitate a transmission request from a qualified electric utility or large-scale generation provider necessary to serve a large-scale service request.

(8)"Large load flexible tariff" means a tariff:

(a)pursuant to which a large load customer:

(i)will receive components of electric services from a large-scale service provider; or

(ii)will reduce demand at periods specified by a large-scale service provider; and

(b)under which a large load customer receives components of available electric services from a qualified electric utility to the extent:

(i)the qualified electric utility's resources are reasonably expected to be available and sufficient; and

(ii)as determined by:

(A)agreement with the qualified electric utility; or

(B)tariffs approved by the commission.

(9)"Large load incremental costs" means all costs reasonably necessary for:

(a)the design, engineering, procurement, construction, and completion of:

(i)large load facilities; and

(ii)any activities required to provide electric service under a large-scale service request; and

(b)the long-term operation and maintenance of large load facilities for the duration of any applicable service contract.

(10)"Large load service contract" means a contract for the provision of electric service for a large-scale service request between:

(a)a qualified electric utility or a large-scale generation provider; and

(b)a large load customer.

(11)"Large-scale generation provider" means an entity that:

(a)is not a qualified electric utility;

(b)is registered with the commission in accordance with Section 54-26-501 ; and

(c)owns, operates, or contracts for the output of one or more qualifying generation resources intended to be used to supply certain retail electric services to a large load customer pursuant to a large load contract or a private generation contract.

(12)"Large-scale service request" means a request submitted to a qualified electric utility for:

(a)new electric service that is expected to reach a cumulative demand of 100 megawatts or greater within five years of the requested initial start date; or

(b)additional electric service that is expected to increase a customer's total service level by 100 megawatts or greater within five years of the requested start date for the additional service.

(13)"Private generation contract" means a contract for the provision of electric service through a closed private generation system between:

(a)a large-scale generation provider; and

(b)a large load customer requesting new electric service that is expected to reach a cumulative demand of 100 megawatts or greater within five years of the requested initial start date.

(14)"Qualified electric utility" means a large-scale electric utility.

(15)"Qualifying generation resources" means one or more electric generating resources that, in combination:

(a)if connected to the transmission system of a qualified electric utility:

(i)meets or exceeds the resource adequacy standards of the qualified electric utility;

(ii)includes sufficient resources and capacity to meet all requirements imposed by the North American Electric Reliability Corporation and the Western Electricity Coordinating Council; and

(iii)is capable of satisfying the load and electricity requirements of a large load customer without drawing on any generation or generation services provided by a qualified electric utility, any cooperative utility, municipal utility, or other utility except to the extent such services are provided under a large load contract; or

(b)if not connected to the transmission system of a qualified electric utility:

(i)is capable of satisfying the load, transmission, and electricity requirements of a large load customer without drawing on any generation or services provided by a qualified electric utility, any cooperative utility, municipal utility, or other utility; and

(ii)meets any other reliability standards established by the commission.

(16)"Transmission provider" means an entity that:

(a)is an affiliate of a qualified electric utility; and

(i)owns, operates, or controls facilities located in the state that are used for the transmission of electric energy at voltages above 100 kilovolts; or

(ii)provides transmission service under a Federal Energy Regulatory Commission-approved open access transmission tariff.

Enacted by Chapter 318 , 2025 General Session