1     
REGULATION OF OUT-OF-STATE DISTRIBUTION

2     
ELECTRICAL COOPERATIVE AMENDMENTS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Carl R. Albrecht

6     
Senate Sponsor: Kevin T. Van Tassell

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to the Public Service Commission.
11     Highlighted Provisions:
12          This bill:
13          ▸     limits the jurisdiction of the Public Service Commission over out-of-state
14     distribution electrical cooperatives.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     ENACTS:
21          54-2-202, Utah Code Annotated 1953
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 54-2-202 is enacted to read:
25          54-2-202. Out-of-state distribution electrical cooperative -- Exemption from
26     commission jurisdiction.
27          (1) As used in this section, "out-of-state distribution electrical cooperative" means an
28     electrical corporation that:
29          (a) is a distribution electrical cooperative;

30          (b) is headquartered and maintains its principal place of business in a state adjoining
31     Utah; and
32          (c) provides electric services to consumers located in Utah.
33          (2) An out-of-state distribution electrical cooperative is exempt from regulation by the
34     commission if the out-of-state distribution electrical cooperative:
35          (a) has not previously been headquartered or maintained its principal place of business
36     in Utah;
37          (b) serves fewer than 25,000 total customers;
38          (c) provides less than 20% of the out-of-state distribution electrical cooperative's total
39     power sales in Utah; and
40          (d) provides and maintains on file with the commission written documentation
41     certifying that the out-of-state distribution electrical cooperative is subject to the applicable
42     laws, rules, and regulations of the state where the out-of state distribution electrical
43     cooperative's principal place of business is located.
44          (3) Notwithstanding the other provisions of this section, the commission may exercise
45     the commission's authority applicable to a distribution electrical cooperative pursuant to this
46     title if:
47          (a) the out-of-state distribution electrical cooperative fails to meet any of the
48     qualifications of Subsection (2); or
49          (b) a complaint is filed against the out-of-state distribution electrical cooperative by
50     one of the out-of-state distribution electrical cooperative's customers within Utah.