54-26 - Large-Scale Electric Service Requirements
Title 54 > 54-26
Sections (20)
General Provisions
54-26-101 - Definitions.
(1) “Closed private generation system” means electric generating facilities and associated transmission infrastructure that:is not connected to and operates independently from the transmission system of a qualified electric utility, cooperative utility, municipal utility, or other utility;serves one or more customers with a minimum cumulative electrical demand of 100 megawatts; andserves one or more large load customers through direct connection.
(2) “Connected generation system” means electric generating facilities and associated transmission infrastructure that:is connected to and operates in conjunction with the transmission system of a qualified electric utility;serves one or more large load customers through connection to the transmission system of a qualified electric utility; andexcept as provided in a large load contract, operates independent of the generation resources of any qualified electric utility, cooperative utility, municipal utility, or other utility.
(3) “Evaluation” means an assessment that:evaluates the impact of a large-scale service request on a qualified electric utility’s systems;identifies any necessary:system modifications or upgrades to the qualified electric utility’s system to provide service as requested in a large-scale service request;generation capacity; ortransmission service requests;provides cost estimates for any required improvements; andestablishes an estimated timeline for implementing any necessary system changes.
(4) “Large load contract” means a large load construction contract or a large load service contract.
(5) “Large load construction contract” means a contract for the construction of large load facilities between:a qualified electric utility or a large-scale generation provider; anda large load customer.
(6) “Large load customer” means a current or potential customer in the service territory of a qualified electric utility that:requests electric service under a large-scale service request; orenters into a private generation contract with a large-scale generation provider.
(7) “Large load facilities” means facilities and resources reasonably necessary, as determined in an evaluation, to provide safe and reliable electric service as requested in a large-scale service request, including the reasonably allocated share of facilities or upgrades necessary to facilitate a transmission request from a qualified electric utility or large-scale generation provider necessary to serve a large-scale service request.
(8) “Large load flexible tariff” means a tariff:pursuant to which a large load customer:will receive components of electric services from a large-scale service provider; orwill reduce demand at periods specified by a large-scale service provider; andunder which a large load customer receives components of available electric services from a qualified electric utility to the extent:the qualified electric utility’s resources are reasonably expected to be available and sufficient; andas determined by:agreement with the qualified electric utility; ortariffs approved by the commission.
(9) “Large load incremental costs” means all costs reasonably necessary for:the design, engineering, procurement, construction, and completion of:large load facilities; andany activities required to provide electric service under a large-scale service request; andthe long-term operation and maintenance of large load facilities for the duration of any applicable service contract.
(10) “Large load service contract” means a contract for the provision of electric service for a large-scale service request between:a qualified electric utility or a large-scale generation provider; anda large load customer.
(11) “Large-scale generation provider” means an entity that:is not a qualified electric utility;is registered with the commission in accordance with Section 54-26-501; andowns, operates, or contracts for the output of one or more qualifying generation resources intended to be used to supply certain retail electric services to a large load customer pursuant to a large load contract or a private generation contract.
(12) “Large-scale service request” means a request submitted to a qualified electric utility for:new electric service that is expected to reach a cumulative demand of 100 megawatts or greater within five years of the requested initial start date; oradditional electric service that is expected to increase a customer’s total service level by 100 megawatts or greater within five years of the requested start date for the additional service.
(13) “Private generation contract” means a contract for the provision of electric service through a closed private generation system between:a large-scale generation provider; anda large load customer requesting new electric service that is expected to reach a cumulative demand of 100 megawatts or greater within five years of the requested initial start date.
(14) “Qualified electric utility” means a large-scale electric utility.
(15) “Qualifying generation resources” means one or more electric generating resources that, in combination:if connected to the transmission system of a qualified electric utility:meets or exceeds the resource adequacy standards of the qualified electric utility;includes sufficient resources and capacity to meet all requirements imposed by the North American Electric Reliability Corporation and the Western Electricity Coordinating Council; andis capable of satisfying the load and electricity requirements of a large load customer without drawing on any generation or generation services provided by a qualified electric utility, any cooperative utility, municipal utility, or other utility except to the extent such services are provided under a large load contract; orif not connected to the transmission system of a qualified electric utility:is capable of satisfying the load, transmission, and electricity requirements of a large load customer without drawing on any generation or services provided by a qualified electric utility, any cooperative utility, municipal utility, or other utility; andmeets any other reliability standards established by the commission.
(16) “Transmission provider” means an entity that:is an affiliate of a qualified electric utility; andowns, operates, or controls facilities located in the state that are used for the transmission of electric energy at voltages above 100 kilovolts; orprovides transmission service under a Federal Energy Regulatory Commission-approved open access transmission tariff.
Enacted by Chapter 318, 2025 General Session
54-26-102 - Application.
(1) The procedures and standards set forth in this chapter shall govern:large-scale service requests;services sought, provided, or received under either a large-scale service request or a private generation service request;services provided through closed private generation systems under private generation contracts; andthe review and approval of large load contracts and private generation contracts.
(2) Electric service provided pursuant to a large-scale service request under this chapter is exempt from:rate regulation under Section 54-3-1;the ratemaking provisions of Section 54-3-4;the tariff and schedule filing requirements under Section 54-3-2; andany other provision related to the regulation of rates, charges, or classifications of service.
Enacted by Chapter 318, 2025 General Session
Service Request Process
54-26-201 - Large-scale service request requirements.
(1) Except for large load customers seeking service under a private generation contract, a large load customer seeking service under this chapter shall submit a large-scale service request to the qualified electric utility serving the proposed location.
(2) A large-scale service request shall include:the customer’s identifying information;the proposed location for electric service;the requested amount of electric demand in megawatts;a proposed service commencement date;load profile information, including:anticipated annual energy usage;expected hours of operation;seasonal variations;peak demand requirements; andany special service requirements;information sufficient to demonstrate the financial capability to complete the large load customer’s project that is the subject of the large-scale service request; andconfirmation that the customer will not use the electric service for resale.
(3) After submitting a large-scale service request and before entering into a large load contract, a customer shall:ensure that all information submitted under this section remains current; andpromptly notify the qualified electric utility of any material changes to information submitted under this section.
(4) A large load customer satisfies the requirements of Subsection (1) of this section if the large load customer submitted a large-scale service request consistent with the qualified electric utility’s then-existing requirements to the qualified electric utility prior to May 7, 2025.
Enacted by Chapter 318, 2025 General Session
54-26-202 - Service request procedures — Notice.
(1) A qualified electric utility that receives a large-scale service request shall:acknowledge receipt of the request;notify the customer of any missing information within 15 business days after beginning to process the request under Subsection (2); andcomplete an evaluation as soon as reasonably practicable after beginning the study under Subsection (2), but in no case more than 6 months after beginning the evaluation.
(2) A qualified electric utility shall begin processing large-scale service requests, including conducting evaluations, no later than:April 1, for requests received after September 30 of the prior year and on or before March 31; orOctober 1, for requests received after March 31 and on or before September 30.
(3) During the evaluation process, the qualified electric utility shall:provide the customer with regular updates; andnotify the customer when the evaluation is completed.
(4) Within 15 business days after completing an evaluation, the qualified electric utility shall provide to the customer a written service proposal that includes:whether the qualified electric utility can provide the requested service within the time frame required by the customer;the estimated large load incremental costs that will be allocated to the customer, based on the information provided by the customer;any required:system upgrades;improvements; ortransmission service requests;the estimated timeline for commencing the requested electric service; andthe proposed terms and conditions of service, including provisions for addressing long-term operation and maintenance costs for large load facilities.
(5) A qualified electric utility:may charge reasonable fees for costs incurred in:evaluating a large-scale service request; andnecessary subsequent or related assessments; andis not required to begin work on an evaluation until the customer:pays applicable fees; andprovides the information required to the qualified electric utility to conduct an evaluation.
Enacted by Chapter 318, 2025 General Session
Large Load and Private Generation Contracts
54-26-301 - Large load contract requirements.
(1) Electric service for a large-scale service request shall be provided only under one or more large load contracts with:a qualified electric utility;a large-scale generation provider; orany combination of Subsections (1)(a) and (1)(b).
(2) A large load customer shall:contract for all of the customer’s projected electrical requirements under the large-scale service request; andmaintain contracts with resources or load shedding capabilities sufficient to meet the customer’s actual electrical requirements at all times.
(3) A large load contract with a qualified electric utility shall:ensure that all large load incremental costs are allocated to and paid by the large load customer;comply with all system requirements;require the large load customer to maintain financial security sufficient to cover the large load customer’s obligations;specify:points of interconnection;power delivery points;the amount of electrical capacity contracted for;the term of service; andany arrangements for backup power supply;provide curtailment provisions if the large load customer’s demand exceeds the amount of contractually supported demand;identify the incremental generation resources that the qualified electric utility will use to serve the large load customer; andinclude provisions addressing the allocation and payment of long-term operation and maintenance costs for large load facilities.
(4) A large load contract with a large-scale generation provider that provides service through a connected electrical system shall:ensure that all large load incremental costs are allocated to and paid by the large load customer;comply with all system requirements;specify:points of interconnection;power delivery points;the amount of electrical capacity contracted for;the term of service; andany arrangements for backup power supply; andprovide curtailment provisions if the large load customer’s demand exceeds the real-time dispatch of the large-scale generation provider’s resources under the large load contract, net of transmission losses.
(5) A qualified electric utility:has no duty to serve a large load customer except as explicitly provided in a large load contract; andis not required to provide backup power to a large load customer except as explicitly provided in a large load contract.
(6) A qualified electric utility may not be required to commence design and construction of large load facilities until after:executing a large load construction contract; andobtaining commission approval in accordance with Section 54-26-302.
(7) A qualified electric utility or large-scale generation provider shall:obtain commission approval in accordance with Section 54-26-302 before providing electric service under a large load contract; andnegotiate the terms of a large load contract with a large load customer on a case-by-case basis.
(8) Within 15 business days after executing a large load contract, a person executing the contract shall submit an application for approval to the commission for review under Section 54-26-302.
Enacted by Chapter 318, 2025 General Session
54-26-301.5 - Private generation contracts.
.5(1) may negotiate directly with a large-scale generation provider; and
.5(2) is not required to submit a large-scale service request to a qualified electric utility.
Enacted by Chapter 318, 2025 General Session
54-26-302 - Commission review — Approval of contracts.
(1) A qualified electric utility or a large-scale generation provider shall file an application with the commission for approval of a large load contract that includes:a copy of the large load contract for which the applicant seeks review and approval; andevidence sufficient to demonstrate compliance with Subsection (2)(b).
(2) The commission shall approve a large load contract submitted under Subsection (1) if the commission finds by a preponderance of the evidence that:the contract complies with the requirements of this chapter;the large load customer bears all just and reasonable incremental costs attributable to receiving the requested electric service; andexisting ratepayers do not bear costs justly and reasonably attributable to providing electric service for the large load customer.
(3) Commission review of a large load contract:is limited to the requirements described in Subsection (2); anddoes not include review of other contract terms.
(4) The commission shall approve or disapprove an application submitted under this section within 60 days after the day on which a person files the application.
(5) The commission may establish rules to expedite the review of applications for approval of a large load contract under this chapter.
Enacted by Chapter 318, 2025 General Session
Service Provider Obligations
54-26-401 - Qualified electric utility service obligations.
(1) Subject to Subsection (2), a qualified electric utility has the sole right to provide electric service to a large load customer in the qualified electric utility’s service territory.
(2) A qualified electric utility:is not required to provide electric service:in response to a large-scale service request if:the large load customer has not complied with the requirements of this chapter;the qualified electric utility cannot provide the requested service within the timeframe required by the large-scale service request;the large load customer and the qualified electric utility cannot agree upon terms for a large load contract;the large load customer fails or refuses to comply with the requirements of a large load contract; orthe large load customer is receiving service from a large-scale generation provider in accordance with Section 54-26-402; orto a large load customer that receives service pursuant to a private generation contract; andthat does not agree to terms with a large load customer for a large load contract:has no right or duty to serve the large load customer;is not required to provide ancillary or backup services to the large load customer; andis not required to provide any services to a large-scale generation provider.
Enacted by Chapter 318, 2025 General Session
54-26-402 - Alternative service requirements.
(1) A large load customer may enter into a large load contract with a large-scale generation provider if:a qualified electric utility fails to complete an evaluation or provide a written response within the time period specified in Section 54-26-202; orthe qualified electric utility and large load customer cannot agree to a large load contract within 90 days after the day on which the large load customer receives the evaluation described in Section 54-26-202, unless the qualified electric utility and the large load customer mutually agree to a longer period of time.
(2) After submitting a large-scale service request, a large load customer:may negotiate a contract with one or more large-scale generation providers; andmay not execute a contract with a large-scale generation provider unless the conditions described in Subsection (1) are met.
Enacted by Chapter 318, 2025 General Session
Large-Scale Generation Provider Requirements
54-26-501 - Large-scale generation provider requirements.
(1) A large-scale generation provider shall:register with the commission before providing service to a large load customer;maintain any reasonable technical and financial qualifications required by the commission;provide service only through qualifying generation resources as required in this part; andpost security:as reasonably negotiated with a large load customer;as required by contract with a transmission provider; oras required by the commission for services to be provided by a qualified electric utility.
(2) A large-scale generation provider shall submit to the commission:proof of compliance with Subsection (1);proof of financial capability as reasonably negotiated with the large load customer;the provider’s operational history and experience;a description of the portfolio of qualifying generation resources the provider intends to use to serve the large load customer without reliance on any qualified electric utility, cooperative utility, municipal utility, or other utility except as provided under a large load contract; anddocumentation of:all required permits obtained for generating sources, including any environmental permits; andthe estimated impact of generating sources on the state implementation plan for air quality.
Enacted by Chapter 318, 2025 General Session
54-26-502 - Operating requirements — Registration suspension.
(1) A large-scale generation provider that fails to satisfy the requirements of this chapter:may not initiate new service to a large load customer;shall remedy any deficiencies within 90 days after the day on which the deficiency arises; andmay have reasonable conditions imposed by the commission on the provider’s registration status.
(2) If the commission suspends or revokes a large-scale generation provider’s registration:the provider may not continue to provide service to a large load customer after the large load customer has been given a reasonable opportunity to secure alternative service arrangements; andthe large load customer may not receive electric service from another large-scale generation provider or a qualified electric utility except pursuant to agreement and commission approval of the terms of a new large load contract consistent with this chapter.
Enacted by Chapter 318, 2025 General Session
54-26-503 - Transmission requirements.
(1) If the provision of service to a large load customer requires transmission service:the qualified electric utility or the large-scale generation provider shall submit a transmission service request to the transmission provider;to the fullest extent allowable under applicable federal law and regulations, the large-scale generation provider or large load customer shall:pay for:any interconnection or transmission-related studies;any identified interconnection upgrades, transmission upgrades, network upgrades, distribution system upgrades, or system upgrades; andthe transmission service rates in the transmission provider’s open access transmission tariff; andpay and provide for:ancillary services;balancing services; andbackup services.
(2) Nothing in this section shall be construed to:conflict with or supersede any applicable federal law, regulation, or order regarding transmission cost allocation; orrequire cost allocation methods inconsistent with Federal Energy Regulatory Commission requirements or orders.
(3) The commission shall review transmission cost allocation consistent with federal requirements and may establish rules for implementation of this section.
Enacted by Chapter 318, 2025 General Session
54-26-504 - Closed private generation systems.
(1) A large load customer may enter into a private generation contract for all needed electric services from a large-scale generation provider through a closed private generation system under terms and conditions acceptable to the large load customer and the large-scale generation provider.
(2) A closed private generation system and a large-scale generation provider that provides service on or through a closed private generation system in accordance with this chapter:are exempt from commission oversight or regulation as a public utility under this title;shall ensure all generation, transmission, and related facilities remain wholly separate from facilities owned or operated by any qualified electric utility, cooperative utility, municipal utility, or other utility except to the extent authorized by this part; andmay connect to or receive services from a qualified electric utility only pursuant to a contract approved by the commission and consistent with Section 54-26-505.
(3) The provision of service to a large load customer on or through a closed private generation system shall utilize qualified generation resources.
(4) The commission may establish rules requiring appropriate notices and warnings regarding separation from the utility system.
Enacted by Chapter 318, 2025 General Session
54-26-505 - Connected generation systems.
(1) A large load customer may obtain all needed electric services from a large-scale generation provider through a connected generation system consistent with this chapter.
(2) A large-scale generation provider may provide service on or through a connected generation system if the provider:registers with the commission in accordance with Section 54-26-501;uses only qualifying generation resources;maintains sufficient generation capacity to serve all contracted load;provides the commission with:system design and operational information;emergency response procedures; andnotification of any changes in system configuration or operation; andmaintains commercial liability insurance as required under Section 54-26-602.
(3) A large-scale generation provider that provides service on or through a connected generation system consistent with the requirements of this chapter is exempt from commission regulation as a public utility under this title.
(4) A closed private generation system or a large-scale generation provider that provides service through a closed private generation system may connect to the interstate transmission system of a transmission provider only if:the closed private generation system is interconnected to the interstate transmission system pursuant to the transmission provider’s Federal Energy Regulatory Commission approved open access transmission tariff; andthe commission determines that the closed private generation system or large-scale generation provider has satisfied the requirements of this chapter for the provision of service on or through a connected generation system.
(5) A closed private generation system or a large-scale generation provider that provides service through a closed private generation system may receive services from a qualified electric utility only if:the requirements of Subsection (4) are met; andthe system or provider has an agreement with the qualified electric utility as approved by the commission.
(6) A qualified electric utility:is not required to purchase or accept any power from a connected generation system; andshall accept power from a connected generation system only as explicitly provided in an agreement that has been approved by the commission.
Enacted by Chapter 318, 2025 General Session
Customer Requirements and Accounting
54-26-601 - Large load customer requirements — Cost allocation.
(1) generation resources;
(2) distribution system upgrades;
(3) to the extent permitted by federal law, and, as applicable, approved by the Federal Energy Regulatory Commission:transmission system improvements, including network upgrades; andinterconnection facilities;
(4) transmission service; and
(5) other necessary infrastructure.
Enacted by Chapter 318, 2025 General Session
54-26-602 - Accounting requirements — Service standards.
(1) A large-scale generation provider shall:maintain separate accounting records for all investments, revenues, and expenses associated with large-scale service requests using generally accepted accounting principles;take reasonable measures to ensure costs are properly allocated between large load service and other customers;provide all contracted energy services without reliance on any qualified electric utility, cooperative utility, municipal utility, or other utility except as provided under a large load contract;meet all applicable North American Electric Reliability Corporation standards; andmaintain reasonable commercial liability insurance as determined by contract or the commission.
(2) A qualified electric utility shall:maintain separate accounting records for all investments, revenues, and expenses associated with large-scale service requests using generally accepted accounting principles; andtake reasonable measures to ensure costs are properly allocated between large load service and other operations.
(3) All revenues and large load incremental costs associated with a large-scale service request shall be excluded from any rate determinations by the commission.
(4) In connection with any rate case or other appropriate proceeding before the commission, a qualified electric utility shall provide:operational data identifying when and to what extent the incremental generation resources identified in a large load contract pursuant to Subsection 54-26-301(3)(f) were dispatched to serve large load customers;an identification of the timing, magnitude, and duration of:the qualified electric utility’s dispatch of the resources described in Subsection (4)(a);any periods in which large load customers’ loads exceeded the dispatch of resources described in Subsection (4)(a); andany periods in which the dispatch of resources described in Subsection (4)(a) exceeded the large load customers’ loads;the method by which costs for the provision of electric service from a qualified electric utility to a large load customer will be excluded from rates paid by retail customers; andany other information the commission requires to ensure that the costs associated with service to a large load customer are excluded from the rates paid for by retail customers.
(5) A qualified electric utility may not be required to publicly disclose specific revenue information from individual large load customers in any proceeding described in Subsection (4).
Enacted by Chapter 318, 2025 General Session
Large Load Flexible Tariffs
54-26-701 - Large load flexible tariffs.
(1) The commission shall:investigate a large load flexible tariff for a qualified electric utility; andadopt a large load flexible tariff if the commission determines that the tariff is:just and reasonable; andin the public interest.
(2) In conducting an investigation for a large load flexible tariff, the commission shall consider:the conditions and times for the tariff;the means of determining the rates, terms, and conditions pursuant to which a qualified electric utility may provide electric services to a large load customer; andthe conditions under which a qualified electric utility may require a large load customer to reduce or eliminate electric usage under the large flexible load tariff.
Enacted by Chapter 318, 2025 General Session
Application and Review
54-26-801 - Program duration.
(1) large load customers, large-scale generation providers or qualified electric utilities which enter into a large load service contract which provides for service to commence on or before December 31, 2034; and
(2) large load customers and large-scale generation providers which enter into a private generation contract which provides for service to commence on or before December 31, 2034.
Enacted by Chapter 318, 2025 General Session
54-26-802 - Commission review.
(1) conduct a review of this chapter before October 31, 2027, and every three years thereafter;
(2) conduct an investigation with stakeholder input and public comment and prepare a report that includes:data on program participation;analysis of impacts on electrical rates;assessment of transmission system reliability; andrecommendations regarding whether to:extend the program;modify program requirements; orallow the program to close to new participants; and
(3) provide the report described in Subsection (2) and any recommendations to the Public Utilities, Energy, and Technology Interim Committee.
Enacted by Chapter 318, 2025 General Session
Transmission Cost Allocation
54-26-901 - Transmission cost allocation.
(1) The commission shall:conduct a proceeding to establish rules for the allocation of transmission costs between large load customers and retail customers for large load contracts executed on or after January 1, 2026;retain a qualified independent consultant with expertise in transmission cost allocation methodologies to:analyze potential methodologies for transmission cost allocation, taking into account the factors listed in Subsection (2); andmake recommendations to the commission; andissue a rule no later than January 1, 2026.
(2) In developing rules under Subsection (1), the commission shall consider:Federal Energy Regulatory Commission policies and precedents regarding transmission cost allocation;the projected increase in electricity demand from large load customers;the incremental transmission costs required to serve large load customers;the economic development benefits associated with serving large load customers;the need to maintain just and reasonable rates for retail customers;the extent to which new large load facilities are required specifically to serve large load customers;the extent to which large load customers utilize existing transmission infrastructure;methods to apportion costs based on cost causation and system benefits; andany other factors the commission determines are relevant to establishing a fair and reasonable allocation of transmission costs.
(3) The commission may establish different cost allocation methodologies based on:the timing of large load customer interconnection;the size of the load being served;the cost causation attributable to various customer classes;the benefits accruing to various customer classes; orother relevant distinctions.
(4) Nothing in this section limits the commission’s existing authority to determine just and reasonable rates.
(5) The commission shall impose and collect a fee from each large load customer that submits a large-scale service request to cover the cost of:retaining qualified independent consultants and experts by the commission, the Division of Public Utilities, and the Office of Consumer Services to evaluate large-scale service requests and large load contracts; andany other reasonable costs incurred in conducting proceedings and evaluations under this chapter.The fee shall be:assessed on a semi-annual basis corresponding to the study periods established in Section 54-26-202;determined based on the anticipated needs given the number and complexity of requests received in each study period; andproportionately allocated among large load customers with pending requests.All fees collected under this subsection shall be:remitted to the state treasurer;credited to the Public Utility Regulation Fee Account created in Section 54-5-1.5; andused exclusively for the purposes described in Subsection (5)(a).
Enacted by Chapter 318, 2025 General Session