54-2-202. Out-of-state distribution electrical cooperative -- Exemption from commission jurisdiction.
(1) As used in this section, "out-of-state distribution electrical cooperative" means an electrical corporation that:
(a) is a distribution electrical cooperative;
(b) is headquartered and maintains its principal place of business in a state adjoining Utah; and
(c) provides electric services to consumers located in Utah.
(2) An out-of-state distribution electrical cooperative is exempt from regulation by the commission if the out-of-state distribution electrical cooperative:
(a) has not previously been headquartered or maintained its principal place of business in Utah;
(b) serves fewer than 25,000 total customers;
(c) provides less than 20% of the out-of-state distribution electrical cooperative's total power sales in Utah; and
(d) provides and maintains on file with the commission written documentation certifying that the out-of-state distribution electrical cooperative is subject to the applicable laws, rules, and regulations of the state where the out-of state distribution electrical cooperative's principal place of business is located.
(3) Notwithstanding the other provisions of this section, the commission may exercise the commission's authority applicable to a distribution electrical cooperative pursuant to this title if:
(a) the out-of-state distribution electrical cooperative fails to meet any of the qualifications of Subsection (2); or
(b) a complaint is filed against the out-of-state distribution electrical cooperative by one of the out-of-state distribution electrical cooperative's customers within Utah.