Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since September 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R746. Public Service Commission, Administration.

Rule R746-440. Voluntary Resource Decision.

As in effect on September 1, 2014

Table of Contents

R746-440-1. Filing Requirements for a Request for Approval of a Resource Decision.

(1) A request for approval of a Resource decision shall include testimony and exhibits which provide:

(a) A description of the Resource decision,

(b) Information to demonstrate that the Energy utility has complied with the applicable requirements of the Act and Commission rules,

(c) The purposes and reasons for the Resource decision,

(d) An analysis of the estimated or projected costs of the Resource decision, including the engineering studies, data, information and models used in the Energy utility's analysis,

(e) Descriptions and comparisons of other resources or alternatives evaluated or considered by the Energy utility, in lieu of the proposed Resource decision,

(f) Sufficient data, information, spreadsheets, and models to permit an analysis and verification of the conclusions reached and models used by the Energy utility,

(g) An analysis of the estimated effect of the Resource decision on the Energy utility's revenue requirement,

(h) Financial information demonstrating adequate financial capability to implement the Resource decision,

(i) Major contracts, if any, proposed for execution or use in connection with the Resource decision,

(j) Information to show that the Energy utility has or will obtain any required authorizations from the appropriate governmental bodies for the Resource decision, and

(k) Other information as the Commission may require.

(2) Notice of a request for approval of a Resource decision.

(a) At least five calendar days prior to filing a request for approval of a Resource decision, the Energy utility shall provide public notice of its request for approval of a Resource decision. The public notice shall provide a description of the request and information on how interested persons my obtain, from the Energy utility, further information about the request or a copy of the request.

(b) At least five calendar days prior to filing a request for approval of a Resource decision, the Energy Utility shall inform the Commission of the anticipated filing and the means by which the Energy Utility has made, or will make, the public notice.

(3) Issues regarding the production, treatment and use of materials of a confidential or proprietary nature, including issues regarding who is entitled to review the materials, will be determined by the Commission.

R746-440-2. Process for Approval of a Resource Decision.

(1) Following a filing of a request for approval of a Resource decision:

(a) At a scheduling conference, the Commission will set an intervention deadline and schedule the time for conducting a public hearing on the request. The Commission will issue a Scheduling Order subsequent to the scheduling conference.

(b) The Commission will issue a protective order, to facilitate access to and exchange of information which is claimed to be confidential or of a proprietary nature.

(c) Discovery may commence. Responses to discovery requests shall be made within 21 calendar days after receipt, or as otherwise agreed between the parties or ordered by the Commission.

(d) Delivery of documents may be made by electronic means (e.g., email, disk, facsimile), instead of paper versions, as agreed by the parties or as ordered by the Commission.

(2) The Energy utility shall maintain a complete record of all materials submitted to the Commission and all materials submitted in response to discovery requests during a Resource decision process for 10 years from the date of the Commission's final order in a Resource decision proceeding. A party to a proceeding may petition the Commission to require specified additional materials to be maintained for a specified period.

R746-440-3. Process for Review and Determination of a Request for an Order to Proceed with Implementation of an Approved Resource Decision.

(1) A request for such Commission review and determination shall include testimony and exhibits which provide:

(a) An explanation of the nature and cause of the change in circumstances or projected costs, including how the Energy utility became aware of the change in circumstances or projected cost and any action it has taken,

(b) An explanation of why an Order to Proceed is or is not, in the Energy utility's view, the proper response to the changed circumstances,

(c) The Energy utility's updated projections regarding the impact of the changed circumstances or projected costs on the timing, cost and other aspects of the approved Resource decision,

(d) The costs incurred to date in connection with the Resource decision,

(e) The Energy utility's updated projections of any unavoidable costs if the approved Resource decision is not pursued to completion, and

(f) Major proposed contracts or contract amendments, if any, to be used in the event of an Order to Proceed.

(2) Notice of a request for review and determination of an Order to Proceed shall be provided, by the Energy utility, to all parties in the docket in which the Resource decision was approved and otherwise as determined by the Commission.

(3) The Energy utility shall maintain a complete record of its analyses and evaluations relating to the Order to Proceed, including spreadsheets and models materially relied upon by the utility, all materials submitted to the Commission and all materials submitted in response to discovery requests during a proceeding involving a review and determination for at least 10 years from the date of the Commission's final order in a Commission proceeding for review and determination of an Order to Proceed with Implementation of an approved Resource decision. A party to a proceeding may petition the Commission to require specified additional materials to be maintained for a specified period.

(4) Issues regarding the production, treatment and use of materials of a confidential or proprietary nature, including issues regarding who is entitled to review those materials will be determined by the Commission.

KEY

resource decision, energy utility, filing requirements

Date of Enactment or Last Substantive Amendment

March 19, 2007

Notice of Continuation

March 8, 2012

Authorizing, Implemented, or Interpreted Law

54-17-100 et seq.


Additional Information

Contact

For questions regarding the content or application of rules under Title R746, please contact the promulgating agency (Public Service Commission, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.