1. (1) This section applies to electric service a large-scale generation provider provides to a large load customer through a closed private generation system.

2. (2) In addition to the requirements of Section R746-318-201, a large-scale generation provider shall submit a copy of the private generation contract for the Commission's approval and the following:

   1. (a) evidence the large-scale generation provider is registered consistent with Section 54-26-501 and Section R746-318-401;
   2. (b) evidence the large-scale generation provider satisfies the requirements of Subsection 54-26-505(2);
   3. (c) evidence the large-scale generation provider will serve the large load customer using only qualifying generation resources;
   4. (d) a declaration from the qualified electric utility, including a summary of supporting evidence, that the closed private generation system will operate with complete separation from the qualified electric utility's system; and

   5. (e) evidence the large-scale generation provider has delivered the notices Section R746-318-402 requires and has provided the large load customer additional notice of the following:

      1. (i) the closed private generation system is not connected to and operates independently from the transmission system of the qualified electric utility, cooperative utility, municipal utility, or any other utility;
      2. (ii) the qualified electric utility has no duty to provide electric service including any ancillary services;
      3. (iii) no backup power is available in the event of an outage; and
      4. (iv) any request for interconnection to the qualified electric utility, for any level of service, requires the large load customer to submit a large-scale service request to the qualified electric utility and adhere to the process, cost allocations, and timelines set forth in Title 54, Chapter 26, Large-Scale Electric Service Requirements.
3. (3) If an applicant cannot get the declaration required by Subsection R746-318-601(2)(d), after making a reasonable and good faith effort to do so, the applicant may submit a petition to the Commission to require the qualified electric utility to show cause as to the basis for withholding the required declaration, and the Commission may waive the filing requirement under Subsection R746-318-601(2)(d) if the qualified electric utility fails to demonstrate a reasonable basis for the withholding.

4. (4) The Commission shall conduct a limited and expedited review and shall approve a private generation contract if the Commission finds:

   1. (a) the large-scale generation provider is registered with the Commission;
   2. (b) the large load customer is requesting service that is expected to reach a cumulative demand of 100 megawatts or greater within five years of the requested initial start date; and
   3. (c) the generation, transmission, and related facilities remain wholly separate from facilities owned or operated by any qualified electric utility, cooperative utility, municipal utility, or other utility.

KEY: public utilities, large-scale electric service requirements

Date of Last Change: January 1, 2026

Authorizing, and Implemented or Interpreted Law: 54-26-302(5); 54-26-503(3); 54-26-504(4); 54-26-901(1)(a)