79-6-1107. Selection of facility operator.

296 words·~1 min read·/ut/title-79/chapter-6/79-6-1107·

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

Effective 3/24/2025

(1)The council shall initiate the selection of an operator for a decommissioned asset by:

(a)issuing a request for proposals; and

(b)publishing the request for proposals on the Utah Public Notice Website created under Section 63A-16-601 .

(2)The request for proposals shall specify that an entity must demonstrate:

(a)at least 10 years of experience operating coal-fired electrical generation facilities;

(b)a commitment to maintaining substantial operations within the state;

(c)financial capability to operate and maintain the facility;

(d)experience with similar coal types and specifications;

(e)proven capability to comply with state and federal environmental requirements;

(f)existing relationships with regional transmission organizations;

(g)ability to maintain reliable baseload power generation;

(h)experience with western coal markets and transportation;

(i)capability to retain the existing skilled workforce; and

(j)ability to integrate operations with existing transmission infrastructure.

(3)The council shall:

(a)allow at least 60 days for the submission of proposals; and

(b)establish or contract with a technical review committee to evaluate proposals.

(4)In evaluating proposals, the council shall consider:

(a)operational efficiency metrics from similar facilities;

(b)proposed operational cost structure;

(c)economic considerations;

(d)reliability and availability guarantees;

(e)environmental compliance history and plans;

(f)workplace safety record and plans;

(g)local economic benefit commitments;

(h)proposed timeline for assuming operations; and

(i)the long term power needs of the state and residents of the state.

(5)Nothing in this section:

(a)requires the council to select any proposal; or

(b)prevents the council from:

(i)rejecting all proposals; or

(ii)terminating the request for proposals process.

Enacted by Chapter 120 , 2025 General Session

Technically renumbered to avoid duplication of newly enacted code also in HB0249, Chapter 375.