54-17-305. Demand management programs.
(1) An affected electrical utility may not: implement a demand management program unless: the consumer voluntarily participates; and the consumer provides written or electronic consent; or count anticipated demand reductions from any demand management program as equivalent to generation capacity in an integrated resource plan.
(2) Notwithstanding Subsection (1), an integrated resource plan may account for load decrease from a demand management program if: the affected electrical utility demonstrates the load decrease is: within the utility's sole control; or otherwise reliable; and the load decrease will not result in a supply shortage during the period for which the decrease is anticipated.
(3) This section does not prohibit an affected electrical utility from: offering voluntary conservation programs that provide customers direct financial benefits; or implementing emergency procedures necessary to maintain system reliability.