54-17-501 - Waiver of requirement for solicitation or approval. - Utah Statutes

54-17-501. Waiver of requirement for solicitation or approval.
(1) An affected electrical utility may obtain a waiver of the requirement that it conduct asolicitation process under Part 2, Solicitation Process, or the requirement that it obtain approvalof a significant energy resource decision under Part 3, Resource Plans and Significant EnergyResource Approval, if the commission determines that waiving the requirement is in the publicinterest because there exists:
(a) a clear emergency;
(b) a time-limited commercial or technical opportunity that provides value to thecustomers of the affected electrical utility; or
(c) any other factor that makes waiving the requirement in the public interest.
(2) To obtain a finding from the commission under Subsection (1), the affected electricalutility shall, as soon as practicable after learning of the existence of a circumstance specified inSubsection (1):
(a) file a verified application with the commission; and
(b) serve an electronic and paper copy of the verified application, including all associatedexhibits and attachments, on each person reflected on a list to be maintained and published by thecommission on its Internet website that has requested service of waiver requests and has signed ageneric protective order issued by the commission limiting the use of information contained in orattached to a waiver request.
(3) A verified application filed pursuant to Subsection (2) shall:
(a) identify any waiver requested;
(b) explain the basis for each waiver requested;
(c) specify any time sensitivity associated with the verified application;
(d) explain why the waiver requested is in the public interest; and
(e) contain other information required by the commission by rule made in accordancewith Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) Upon receipt of a verified application filed under Subsection (2), the commissionshall, before the end of the next business day, provide public notice of a technical conference tobe held no sooner than three business days and no later than seven calendar days following theday on which the verified application is filed and served.
(5) (a) At the technical conference held under Subsection (4), the affected electricalutility shall provide adequate support for its verified application and shall respond to questions ofthe commission, an independent evaluator if one is participating, and any other interested person.
(b) The commission shall prepare and retain a transcript of the technical conference.
(6) No less than three business days and no more than seven calendar days following thetechnical conference, the independent evaluator and any interested person may file and servecomments concerning the verified application.
(7) The commission shall issue a written decision either granting, granting withconditions, or denying each waiver requested no later than seven calendar days following thedeadline for the independent evaluator and any interested person to file comments underSubsection (6).
(8) (a) If confidential or trade secret information is provided or used in the verifiedapplication, in the technical conference, in comments filed on the verified application orotherwise in the process, that information shall be clearly identified by the providing person asconfidential and shall be provided on a confidential basis subject to the terms of a protective

order issued by the commission.
(b) (i) The commission shall issue a generic protective order to govern access to and useof confidential information in connection with a request for waiver under this part.
(ii) Upon request by the affected electrical utility or any interested person, thecommission may issue a supplemental protective order in connection with any verifiedapplication.
(c) (i) The generic protective order and any supplemental protective order restrict use ofconfidential information to the proceeding on the verified application, however, use of theconfidential information in the proceeding is not considered a competitive purpose underSubsection (8)(c)(ii).
(ii) The generic protective order and any supplemental protective order shall forbid theuse of confidential information for competitive purposes.
(d) An interested person may gain access to and use confidential information inaccordance with the terms of a protective order issued by the commission.
(9) Notwithstanding the time frames in Subsections (4), (6), and (7), the commission:
(a) shall take action or schedule proceedings as soon as reasonably practicable in light ofthe circumstances and urgency demonstrated by the verified application and any subsequentinformation provided during the process; and
(b) may shorten or lengthen the time frames if the commission determines that changingthem is warranted and in the public interest, except that a time frame may not be lengthenedsolely because an independent evaluator is not available to participate or to complete arecommendation.
(10) If an affected electrical utility is granted a waiver to acquire or construct asignificant energy resource in accordance with this section:
(a) the provisions of Sections 54-17-303 and 54-17-304 do not apply to the significantenergy resource decision;
(b) any cost recovery that an affected electrical utility seeks in connection with thatsignificant energy resource is subject to a future prudence review by the commission underSubsection 54-4-4(4); and
(c) the waiver grant does not create any presumption that the affected electrical utility'saction in acquiring or constructing a significant energy resource was prudent.
(11) (a) Subject to Subsection (11)(b), the commission shall use reasonable efforts tohave an independent evaluator available to participate in any application for a waiver under thispart.
(b) The commission may decline to use an independent evaluator in the consideration ofa waiver application if the commission determines the use of an independent evaluator is:
(i) not appropriate under the circumstances;
(ii) not available under terms or conditions the commission considers reasonable; or
(iii) not available to participate or complete a recommendation within any time frameestablished under Subsection (4), (6), (7), or (9).
(c) The validity of an order entered under this part is not affected by:
(i) the unavailability of an independent evaluator; or
(ii) the failure of an independent evaluator to participate or complete a recommendationwithin any time frame established under Subsection (4), (6), (7), or (9).
(12) The commission shall issue a generic protective order as provided in Subsections

(2)(b) and (8)(b).
(13) By September 1, 2007, the commission shall, in accordance with Title 63G, Chapter3, Utah Administrative Rulemaking Act, make rules concerning the process for obtaining awaiver of the solicitation or approval process consistent with this section.

Amended by Chapter 382, 2008 General Session