54-15-105.   No additional fee or charge without governing authority approval -- Exception.
     (1) An electrical corporation administering a net metering program may not charge a customer participating in the program an additional standby, capacity, interconnection, or other fee or charge unless the governing authority, after appropriate notice and opportunity for public comment:
     (a) determines that:
     (i) the electrical corporation will incur direct costs from the interconnection or from administering the net metering program that exceed benefits, as determined by the governing authority, resulting from the program; and
     (ii) public policy is best served by imposing a reasonable fee or charge on the customer participating in the net metering program rather than by allocating the fee or charge among the electrical corporation's entire customer base; and
     (b) after making its determination under Subsection (1)(a), authorizes the additional reasonable fee or charge.
     (2) If a cost of a net metering program is allocated among the electrical corporation's entire customer base, Subsection (1) may not be construed to prohibit an electrical corporation from charging a customer participating in the net metering program for that cost to the same extent that the electrical corporation charges a customer not participating in the program for that cost.

Amended by Chapter 244, 2008 General Session
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Last revised: Thursday, May 28, 2009