Utah Admin. Code R746-314-101 - Definitions

(1) "Annexed customer" means a utility customer with an electric service address located within an area annexed into a participating community after the implementation date, beginning on the date that such person becomes an eligible customer.

(2) "Cancelation date" means the last day of the applicable cancelation period.

(3) "Cancelation period" means the period during which a participating customer may opt-out of the program without incurring a termination fee. The cancelation period shall be, as approved by the Commission:

(a) for all eligible customers on the implementation date, at least three billing cycles immediately following the applicable commencement date; or

(b) for a new customer or annexed customer, the latter of

(i) the period specified in (a), above, or

(ii) the 60-day period immediately following the applicable commencement date.

(4) "Commencement date" means:

(a) the last day of the 60-day implementation period for an eligible customer on the implementation date, which is the date by which such eligible customer must opt-out of the program in order to avoid paying any program rates, and the first day of such customer's cancelation period; or

(b) the date when the first opt-out notice is sent to a new customer or annexed customer, which is the first day of the cancelation period for such customer.

(5) "Eligible community" means a Utah municipality or county that has adopted a resolution as specified in Subsection 54-17-903(2)(a) and that continues to indicate its intent to become a participating community, including by entering into the utility agreement and the governance agreement.

(6) "Eligible customer" means a person that is a customer of the utility receiving retail electric service at a location within the boundary of a participating community, and that is identified by the utility with a tax identifier associated with a participating community, excluding any residential customer as specified in Subsection 54-17-905(5) that is then receiving net metering service from the electric utility under the utility's Utah electric service schedule 135.

(7) "Exit notice" means a notice provided to the utility by an exiting customer that indicates the exiting customer no longer wishes to participate in the program, and that also includes the exiting customer's name, account number, service address, and the telephone number associated with the account.

(8) "Exiting customer" means a participating customer that elects to terminate its participation in the program after the cancelation date applicable to that participating customer.

(9) "Governance agreement" means an interlocal or other agreement entered into prior to the filing date of the application for Commission approval of the program, among eligible communities that intend to become participating communities and that establishes a decision-making process for program design, resource solicitation, resource acquisition, and other program issues and provides a means of ensuring that eligible communities and those that become participating communities will be able to reach a single joint decision on any necessary program issues.

(10) "Implementation date" means the date following program approval and adoption of an ordinance by all participating communities on which the first opt-out notice is sent to any eligible customer.

(11) "Implementation period" means the 60-day period beginning on the implementation date.

(12) "New customer" means a person other than an annexed customer that becomes an eligible customer within a participating community after the implementation date.

(13) "Opt-out notice" means a notice meeting the requirements of Subsection 54-17-905(1) including, as applicable, either or both of the following:

(a) "first opt-out notice," which is the first notice to be provided by a utility to an eligible customer, a new customer, or an annexed customer pursuant to Section R746-314-301; and

(b) "second opt-out notice," which is the second notice to be provided by a utility to an eligible customer, a new customer, or an annexed customer pursuant to Section R746-314-302.

(14) "Ordinance" means an ordinance adopted by an eligible community as required by Subsection 54-17-903(2)(c) in order to become a participating community.

(15) "Participating community" has the meaning specified in Subsection 54-17-902(10).

(16) "Participating communities' representative" is the person(s) or entity authorized to present the decisions and opinions of participating communities pursuant to the governance agreement.

(17) "Participating customer" has the meaning specified in Subsection 54-17-902(11).

(18) "Person" means an individual or any other legal entity.

(19) "Program" means a community renewable energy program approved by the Commission pursuant to Title 54, Chapter 17, Part 9, Community Renewable Energy Act.

(20) "Program rates" means the rates and fees charged to participating customers and exiting customers to recover all costs and expenses incurred by a utility to implement and operate the program in accordance with Subsection 54-17-904(4).

(21) "Renewable energy asset" has the meaning specified in Subsection 54-17-902(14) for a renewable energy resource, excluding resources specified in Subsection 54-17-902(14)(b)(i) and Subsection 54-17-902(14)(b)(ii).

(22) "Tax identifier" means an identifier used by the utility to designate meters and accounts that are associated with specific municipal or county taxing districts.

(23) "Termination fee" means the fee, if any, to be assessed on and charged to an exiting customer in accordance with Subsection 54-17-905(3)(c) and Section R746-314-306.

(24) "Utility" means a qualified utility as defined in Section 54-17-801.

(25) "Utility agreement" means a single agreement as required by Subsection 54-17-903(2)(b) entered into prior to the filing date of the application for Commission approval of the program between the utility and all eligible communities that intend to become participating communities.

Notes

Utah Admin. Code R746-314-101

Adopted by Utah State Bulletin Number 2020-03, effective 1/8/2020