54-15-105 - No additional fee or charge without governing authority approval -- Exception. - Utah Statutes

54-15-105. No additional fee or charge without governing authority approval --Exception.
(1) An electrical corporation administering a net metering program may not charge acustomer participating in the program an additional standby, capacity, interconnection, or otherfee or charge unless the governing authority, after appropriate notice and opportunity for publiccomment:
(a) determines that:
(i) the electrical corporation will incur direct costs from the interconnection or fromadministering the net metering program that exceed benefits, as determined by the governingauthority, resulting from the program; and
(ii) public policy is best served by imposing a reasonable fee or charge on the customerparticipating in the net metering program rather than by allocating the fee or charge among theelectrical corporation's entire customer base; and
(b) after making its determination under Subsection (1)(a), authorizes the additionalreasonable fee or charge.
(2) If a cost of a net metering program is allocated among the electrical corporation'sentire customer base, Subsection (1) may not be construed to prohibit an electrical corporationfrom charging a customer participating in the net metering program for that cost to the sameextent that the electrical corporation charges a customer not participating in the program for thatcost.

Amended by Chapter 244, 2008 General Session