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Utah Certificate of Public Convenience and Necessity (8-UT-c)

The Utah Public Service Commission (PSC) regulates public utilities in the state. However, the PSC does not have direct siting authority for the siting of electrical transmission lines. Siting authority for electrical transmission lines comes from state and local land use and permitting regulations, which include obtaining a Certificate of Public Convenience and Necessity (CPCN) from the PSC. See Transmission Siting in the Western United States. “Public utilities” include “electric corporations,” which are defined, in part, as “every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electrical plant, or in any way furnishing electric power for public service or to its customers or members for domestic, commercial, or industrial use…” Utah Code Ann. 54-2-1 (7)(a).

Certificate of Public Convenience and Necessity Process

8-UT-c.1 to 8-UT-c.3 – Is the Developer an “Electrical Corporation?”

In Utah, an electric corporation “may not establish, or begin construction or operation of a line…or any extension of a line” without first obtaining a CPCN from the PSC. This requirement does not apply to projects providing additional capacity or projects providing replacement capacity. Utah Code Ann. 11-13-304(2)(b). Projects not requiring a CPCN must still comply with state and local siting regulations. Projects requiring a CPCN must initiate the PSC process.

Certificate of Public Convenience and Necessity:

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