Title 49 — PUBLIC UTILITIES AND CARRIERS

If the commission does not approve an application for a phase in rate plan as defined in § 49-34A-73 , the electric utility may not be prohibited from making, acquiring, or constructing plant additions and requesting and obtaining rate adjustments as authorized by this chapter. S…

Any public utility or electric utility as defined in § 49-34A-1 and any utility operated by any political subdivision of the state may remove or alter any vegetation or other material if the utility determines that such removal or alteration is reasonably necessary for the safe r…

The commission, in the exercise of its power under this chapter to determine just and reasonable rates for public utilities, shall give due consideration to the public need for adequate, efficient, economical, and reasonable service and to the need of the public utility for reven…

Notwithstanding any other provision of law, the Public Utilities Commission shall after opportunity for hearing and rate design studies develop a policy alleviating the financial burden to electric and gas consumers of the declining block rate structure and any other pricing stru…

In addition to any other rate authorized by this chapter, the commission may approve incentive rates to encourage improvement in the performance and efficiency of public utilities. The rates shall be in the form of preapproved rate models made applicable as levels of performance …

In addition to any other rate authorized by this chapter, the commission may approve business development rates authorizing a utility to negotiate and agree with a customer for specific rates which differ from standard rates otherwise applicable to the customer. All business deve…

The burden is on the public utility to establish that the underlying costs of any rates, charges, or automatic adjustment charges filed under this chapter are prudent, efficient, and economical and are reasonable and necessary to provide service to the public utility's customers …

Certain commercial small power production facilities subject to 49-34A-80 to

49-34A-82 Definitions. 49-34A-83 Refund or credit of certain taxes for construction of certain power production facilities. 49-34A-84 Requirements for refund. 49-34A-85 Amount of refund. 49-34A-86 Application for refund--Refund claim not assignable--Exception. 49-34A-87 Secretary…

Terms used in §§ 49-34A-80 to 49-34A-92 , inclusive, mean: (1) "Department," the Department of Revenue; (2) "New or expanded facility," a new commercial small power production facility as defined in § 49-34A-80 or an addition to an existing commercial small power production facil…

Any person may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A or 10-46B for the construction of a new or expanded facility that is a commercial small power production facility that is defined in §

The refund pertains only to project costs incurred and paid after July 1, 2001. The refund pertains only to project costs that were incurred and paid within thirty - six months of the approval of the application required by §§ 49-34A-80 to 49-34A-92 , inclusive. No refund may be …

The amount of the tax refund shall be one hundred percent of the contractor's excise taxes attributed to the project cost, excluding any associated transmission facilities. Source: SL 2001, ch 257 , § 6.

Any person desiring to claim a refund pursuant to §§ 49-34A-80 to 49-34A-92 , inclusive, shall apply for a permit from the secretary at least thirty days prior to commencement of the project. The application for a permit shall be submitted on a form prescribed by the secretary. A…

Any claim for refund shall be submitted on forms prescribed by the secretary and shall be supported by such documentation as the secretary may require. The secretary may deny any claim where the claimant has failed to provide information or documentation requested or considered n…

Any claim for refund shall be submitted to the department on or before the last day of the month following each quarterly period. The secretary shall determine the amount of the tax refund. Ninety percent of the amount of refund shall be paid to the claimant in accordance with §§…

The amounts withheld by the department in accordance with § 49-34A-88 shall be retained until the project has been completed and the claimant has met all the conditions of §§ 49-34A-80 to 49-34A-92 , inclusive, at which time all sums retained shall be paid to claimant. Source: SL…

No public utility may, directly or indirectly, by any device whatsoever or in any manner, charge, demand, collect, or receive from any person a greater or lesser compensation for any service within the jurisdiction of the Public Utilities Commission rendered or to be rendered by …

If any claim has been fraudulently presented or supported as to any item in the claim, or if the claimant fails to meet all the conditions of §§ 49-34A-80 to 49-34A-92 , inclusive, then the claim may be rejected in its entirety and all sums previously refunded to the claimant sha…

Any person aggrieved by the denial in whole or in part of a refund claimed under §§ 49-34A-80 to 49-34A-92 , inclusive, may within thirty days after service of the notice of a denial by the secretary, demand and is entitled to a hearing, upon notice, before the secretary. The hea…

The secretary may promulgate rules, pursuant to chapter 1-26 , concerning the procedures for filing refund claims and the requirements necessary to qualify for a refund. Source: SL 2001, ch 257 , § 13.

The commission may implement and comply with the provisions of the Public Utility Regulatory Policies Act of 1978, as amended to January 1, 2009, the Energy Policy Act of 2005, and the Energy Independence and Security Act of 2007 and may promulgate rules pursuant to chapter 1-26 …

For the purposes of §§ 49-34A-94 to 49-34A-96 , inclusive, renewable electricity and recycled energy include electricity generated from facilities using one or more of the following sources: (1) Wind that uses wind as the source of energy to produce electricity; (2) Solar that us…

The commission may establish, or allow participation in, a system of renewable energy credits for electricity generated from renewable electricity or recycled energy. A renewable energy credit system shall track, record, and verify the trading of credits for electricity generated…

The commission may promulgate rules pursuant to chapter 1-26 concerning: (1) Requirements for tracking, recording, and verifying the trading of renewable energy credits; (2) Requirements for compliance with a renewable energy credit system; (3) Requirements for certification of r…

Notwithstanding any other provisions of this chapter, the commission may approve a tariff mechanism for the automatic annual adjustment of charges for the jurisdictional capital costs and operating expenses incurred by a public utility for environmental improvements to its existi…

Upon filing of an application consistent with rules promulgated by the commission by any public utility providing electric service, the commission may approve, reject, or modify, after notice and opportunity for hearing, a tariff that: (1) Allows the public utility to recover on …

A public utility may file annual rate adjustments to be applied to customer bills paid under the tariff approved pursuant to §