Section R746-314-401 - Program Application and Approval Requirements; Rates; Participating Communities(1) The utility shall file an application with the Commission for approval of the program requirements and design.(2) Each eligible community identified in the application filed with the Commission shall, as specified in Subsection 54-17-904(5), be a party to the application proceeding and, for purposes of such proceeding: (a) shall comply with the Commission's discovery rules; and(b) may not object to a discovery request on the basis that the request is a records request under Title 63G, Chapter 2, Government Records Access and Management Act.(3) The utility shall include at least the following in support of its application: (a) the name of each such eligible community; (b) maps depicting the geographic boundaries of each such eligible community;(c) the proposed ordinance language that each such eligible community must adopt to become a participating community;(d) the number of customers served by the utility within the geographic boundaries of each such eligible community, including: (i) the number of customers served under each rate schedule within each such eligible community;(ii) monthly kWh load for each customer class within each such eligible community; and(iii) a ten-year load forecast for each customer class;(e) projected program rates for each class of participating customer, including workpapers that provide: (i) an explanation of the proposed rate design that covers at least the following: (A) a description of how both fixed and variable cost components related to both the program and ongoing costs will be allocated to each customer class and recovered through the proposed program rates; and(B) identification of other current or known rate adjustments applicable to the participating customers;(ii) a reasonable range of projected rates based on high, medium, and low estimates of customer participation, along with an explanation for the estimation methodology, which may be based on other prior program experience; and (iii) projected quantifiable costs and benefits of the program, with a demonstration of how they are reflected in the proposed program rates, excluding costs and benefits that do not directly affect the utility;(f) a description of the proposed process for periodic, not more than annually, rate adjustment filings, including a proposed schedule or dates for such filings, which filings shall include: (i) an accounting of program expenses;(ii) the projected costs and revenues for the following year of the program; and(iii) any proposed changes to program rates, termination fees, tariffs, or other associated program charges;(g) proposed tariff changes to implement the program; (h) the utility agreement;(i) the governance agreement;(j) a description of the plan proposed by each eligible community addressing low-income programs and assistance;(k) the proposed solicitation process for acquiring renewable energy resources for the program in accordance with Section R746-314-402;(l) the proposed form of opt-out notices;(m) the projected implementation date for the program;(n) other informational materials on the program to be provided or made available to eligible customers; and(o) an explanation of how non-participating customers and the utility will not be subject to any program liabilities or costs.(4) The Commission may approve the program if: (a) the application meets all applicable requirements of the Utah Code and Commission rules; and(b) the Commission finds that the program is in the public interest.(5) Any rates approved by the Commission for participating customers: (a) shall be based on the factors enumerated in Subsection R746-314-401(3)(d) and Subsection R746-314-401(3)(e); and(b) may not result in a shifting of costs or benefits to customers of the utility that are not eligible or have elected not to participate in the program.(6) Following a Commission order approving the program, an eligible community identified in the application must pass an ordinance as required by Subsection 54-17-903(2)(c) in order to become a participating community.Utah Admin. Code R746-314-401
Adopted by Utah State Bulletin Number 2020-03, effective 1/8/2020