No. 30114 (Amendment): R746-430. Procedural and Informational Requirements for Action Plans and Significant Energy Resource Review and Approval

DAR File No.: 30114
Filed: 06/21/2007, 09:43
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Recent enactment of Section 54-17-501 changed some of the procedural aspects of the regulatory processes for utility acquisition of Significant Energy Resources, particularly waivers for a solicitation process and approval of the resource. The proposed amendment provides direction on the information to be submitted to the Commission in proceedings dealing with such waivers.

Summary of the rule or change:

The amendment identifies the type of information or evidence that should be filed to support a utility's request for a waiver of a solicitation process or for a waiver of approval of a significant energy resource.

State statutory or constitutional authorization for this rule:

Section 54-17-501

Anticipated cost or savings to:

the state budget:

None--The rule describes the information expected to be submitted by a utility in support of the requests that may be filed. State agency actions or activities will not be altered by the proposed change.

local governments:

None--The rule has no application to any local government activity or operations.

other persons:

SMALL BUSINESSES: None--There are no small businesses in Utah that engage in any operations subject to the statutory provisions nor the activities covered by the proposed rule. PERSONS OTHER THAN BUSINESSES: None--The proposed rule has application only to utilities' acquisition of Significant Energy Resources pursuant to statutory provisions and simply describes the type of information that is to be submitted in support of waiver requests.

Compliance costs for affected persons:

Affected utilities are to comply with existing statutory requirements dealing with their acquisitions of Significant Energy Resources. The proposed amendment simply identifies the type of information that is to be submitted in support of a utility's request for waiver, which is governed by Section 54-17-501.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule identifies the type of information that the Commission should receive in support of a utility's request for a waiver. Utilities are required to provide evidentiary support for all agency action requested and the proposed rule simply describes the type of information expected by the Commission in order assist an affected utility to prepare its filing. No fiscal impact is expected from the rule. Ted Boyer, Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sandy Mooy at the above address, by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2007

This rule may become effective on:

08/21/2007

Authorized by:

Sandy Mooy, Legal Counsel

RULE TEXT

R746. Public Service Commission, Administration.

R746-430. Procedural and Informational Requirements for Action Plans[ and ], for an Approval of a Significant Energy Resource [Review and Approval ], for Determination of Whether to Proceed, and for Waivers of a Solicitation Process or of an Approval of a Significant Energy Resource.

R746-430-4. Requests for Waiver of a Solicitation Process for a Significant Energy Resource or Waiver of Approval of a Significant Energy Resource.

(1) Filing requirements -- An Affected Electrical Utility filing for a waiver pursuant to Section 54-17-501 shall file a request for waiver which shall fulfill the requirements of Section 54-7-501 and which shall include testimony and exhibits which provide:

(a) An explanation of and the factual basis for the emergency, opportunity or other factors that support the requested waiver;

(b) If the requested waiver is based upon an emergency, evidence establishing the nature and cause of the emergency and an explanation of why the proposed waiver is in the public interest;

(c) If the requested waiver is based upon a time-limited commercial or technical opportunity, evidence establishing the nature of the opportunity and an explanation of why the proposed waiver is in the public interest;

(d) If the requested waiver is based upon other factors, evidence establishing the nature of those factors and an explanation of why the proposed waiver is in the public interest;

(e) Evidence explaining and demonstrating when the utility first became aware of the claimed emergency, opportunity or other factors and how and when it pursued or responded to the same;

(f) If the requested waiver is for a waiver of a solicitation process, evidence

(i) that the particular resource to be procured is consistent with the utility's current Integrated Resource Plan,

(ii) that the particular resource to be procured is consistent with any pending solicitation process(es) and what affect procurement of the particular resource will have on any pending solicitation process(es),

(iii) regarding how the particular resource to be procured compares in value to similar resources,

(iv) on how the particular resource will be connected to and will be integrated with the utility's system,

(v) of the costs which the utility anticipates it will recover from ratepayers, which shall include, but is not limited to, analysis of the affects upon the utility's power costs and revenue requirements, and

(vi) of any affect the proposed resource will have on future resource acquisitions;

(g) All information, data, models and analyses used by the utility to evaluate the proposed resource and associated waiver request; and

(h) Evidence showing that a requested waiver is in the public interest.

(2) The time periods for an act or proceeding process contained in Section 54-17-501 shall supercede any differing time periods for an act or proceeding process contained in any other Commission rule.

(3) A Commission order granting a waiver of a Solicitation Process or an Approval of an Energy Resource Decision shall not constitute and does not determine approval or disapproval of a significant energy resource decision including cost recovery.

(4) Pursuant to Section 54-17-501(7), the Commission may condition the granting of a waiver on such conditions as the Commission may determine to be just, reasonable and in the public interest.

 

KEY: action plan, significant energy resource, order to proceed, utilities

Date of Enactment or Last Substantive Amendment: [May 17, ]2007

Authorizing, and Implemented or Interpreted Law: 54-17-100 et seq.; 54-17-501