Last year, we reported on Utah Public Service Commission decisions regarding the need for the Milford Wind Power Project to obtain a certificate of convenience and necessity. Ultimately, the Commission ruled that the Project’s 90-mile transmission line connecting the wind farm to a point of interconnection at the Intermountain Power Project generating station was not part of the power production facility and was therefore not excluded from Commission jurisdiction. Docket No. 08-2490-01, Order on Petition for Rehearing, July 2, 2008. Thus, Milford Wind was required to obtain a certificate of convenience and necessity for the transmission line. In an apparent attempt to avoid that type of result in the future, the Utah Legislature is considering a bill that adds a definition of “generation facility” to the Public Utilities Code, providing that “’Generation facility’ means all electric plant used for the production or generation of electricity, including all electric plant used to interconnect the production or generation plant.” S.B 76. The bill also then uses that term “generation facility” in the definition of “independent power production facility,” and through other definitions, exemption from Commission jurisdiction is provided for such facilities.
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