54-17-905. Customer participation -- Election not to participate.
(1) After commission approval of a community clean energy program and adoption of the ordinance by the participating community as required in Section, a qualified utility shall provide notice to each of its customers within the participating community that includes: 54-17-903 the projected rates and terms of participation in the community clean energy program approved by the commission; an estimated comparison to otherwise applicable existing rates; an explanation that the customer may elect to not participate in the community clean energy program by notifying the qualified utility; a simple method, such as checking a box or signing a statement, for the customer to indicate on the notice the customer's election to not participate in the community clean energy program; instructions for submitting the notice to the qualified utility to opt out of the community clean energy program; and any other information required by the commission. The notice required under Subsectionshall prominently display the information described in Subsectionsand. (1)(a) (1)(a)(iv) (v) The qualified utility shall provide the notice required under Subsectionto each customer: (1)(a) no less than twice within the period of 60 days immediately preceding the date required to opt out of the community clean energy program; and separately from the customer's monthly billing. The qualified utility shall provide the information required under Subsectionin person to each customer with an electric load of one megawatt or greater measured at a single meter. (1)(a)
(2) An existing customer of the qualified utility may elect to not participate in the community clean energy program and continue to pay applicable existing rates by: submitting the notice described in Subsectionto the qualified utility; or (1)(a) giving notice to the qualified utility in the manner and within the time period determined by the commission. After implementation of the community clean energy program: a customer that previously elected not to participate in the program may become a participating customer as allowed by commission rules and by giving notice to the qualified utility in the manner required by the commission; and a customer of the qualified utility that begins taking electric service within a participating community after the date of implementation of the community clean energy program shall: be given notice as determined by the commission; and shall become a participating customer unless the person elects not to participate by giving notice to the qualified utility in the manner and within the time period determined by the commission.
(3) A customer that does not opt out of the community clean energy program under Subsectionmay later discontinue participation in the community clean energy program as allowed by the commission as described in Subsectionor. (2) (3)(b) (c) During the initial opt-out period, a participating customer may elect to leave the program by giving notice to the qualified utility in the manner determined by the commission. A participating customer that opts out as described in Subsectionis not subject to a termination charge. (3)(b)(i) After the community clean energy program's initial opt-out period, a participating customer may elect to leave the program by: giving notice to the qualified utility in the manner determined by the commission; and paying a termination charge as determined by the commission that may include the cost of clean energy resources acquired or constructed for the community clean energy program that are not being utilized by participating customers as necessary to prevent shifting costs to other customers of the qualified utility.
(4) A customer of a qualified utility that is annexed into the boundaries of a participating community after the effective date of the community clean energy program shall be given notice as provided in Subsectionadvising the customer of the option to opt out of the program. (1) A participating customer located in a portion of a county that is annexed into a municipality that is not a participating community shall continue to be included in the clean energy program if the customer remains a customer of the qualified utility. If a participating customer is annexed into a municipality that provides electric service to the municipality's residents: the customer may continue to be served by the qualified utility under the community clean energy program if the qualified utility enters into an agreement with the municipality under Section; or 54-3-30 the municipality shall pay the termination charge for each participating customer that is no longer served by the qualified utility.
(5) A residential customer that is participating in the net metering program under Title 54, Chapter 15, Net Metering of Electricity, may not be a participating customer under this part.
(6) The cost of providing notice under Subsectionshall be paid by the participating communities. (1) All other notices required under this section shall be paid for as program costs and recovered through participating customers' rates.