§ 54-7-12.8. Electric energy efficiency and conservation tariff.

(1) As used in this section, "demand side management" means activities or programs that promote electric energy efficiency or conservation or more efficient management of electric energy loads.

(2) As provided in this section, the commission may approve a tariff under which an electrical corporation includes a line item charge on its customers' bills to recover costs incurred by the electrical corporation for demand side management.

(3) Each electrical corporation proposing a tariff under this section shall, before submitting the tariff to the commission for approval, seek and receive input from:

(a) the Division of Public Utilities;

(b) the Office of Consumer Services created in Section 54-10a-201; and

(c) other interested parties.

(4) Before approving a tariff under this section, the commission shall hold a hearing if:

(a) requested in writing by the electrical corporation, a customer of the electrical corporation, or any other interested party within 15 days after the tariff filing; or

(b) the commission determines that a hearing is appropriate.

(5) The commission may approve a tariff under this section either with or without a provision allowing an end-use customer to receive a credit against the charges imposed under the tariff for electric energy efficiency measures that:

(a) the customer implements or has implemented at the customer's expense; and

(b) qualify for the credit under criteria established by the Utah Public Service Commission.

(6) In approving a tariff under this section, the commission may impose whatever conditions or limits it considers appropriate, including a maximum annual cost.

(7) Unless otherwise ordered by the commission, each tariff under this section approved by the commission shall take effect no sooner than 30 days after the electrical corporation files the tariff with the commission.

Amended by Chapter 237, 2009 General Session