2006 Utah Code - 17A-2-302 — Electric service districts -- Public Service Commission jurisdiction -- Exceptions.

     17A-2-302.   Electric service districts -- Public Service Commission jurisdiction -- Exceptions.
     (1) An electric service district may only include an area where:
     (a) no retail electricity has been provided to commercial, industrial, residential, and other users of electricity from an investor-owned utility within any part of an area certificated by the Public Service Commission or an area adjacent to that area, municipal agency, or electric cooperative within the five years immediately preceding September 1, 1985; and
     (b) electric service is provided to at least one user of electricity within the electric service district as of September 1, 1985.
     (2) An electric service district organized under this part is a public utility and subject to the jurisdiction of the Public Service Commission. Nothing in this part may be construed to give the Public Service Commission jurisdiction over any improvement district, other than an electric service district organized under this part, or over any municipality or association of municipalities organized under the Interlocal Cooperation Act. Before an electric service district serves any customer, the electric service district shall obtain a certificate of public convenience and necessity from the Public Service Commission.
     (3) Section 54-7-12 does not apply to rate changes of an electric service district subject to the following:
     (a) the electric service district is organized for the purpose of distributing electricity to customers within the boundaries of the electric service district on a not-for-profit basis;
     (b) the schedule of new rates or other change that results in new rates has been approved by the board of directors of the electric service district;
     (c) prior to the implementation of any rate increases, the electric service district first holds a public meeting for all its customers to whom mailed notice of the meeting is sent not less than ten days prior to the meeting; and
     (d) the electric service district has filed the schedule of new rates or other change with the commission. These documents shall be made available by the commission for public inspection.
     (4) If an application for certification is not filed by an electric service district organized under this part and approved by the Public Service Commission by September 1, 1986, all provisions in this part relating to electric service districts are repealed.

Renumbered and Amended by Chapter 186, 1990 General Session