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); and make recommendations to the commission; and issue 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; and any 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; or other 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; and any 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; and proportionately 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; and 54-5-1.5 used exclusively for the purposes described in Subsection (5)(a).