1. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission:

   1. (a) shall make rules when required by this chapter; and
   2. (b) in addition to the rules required under Subsection (1)(a), may make rules necessary for the implementation of this chapter.

2. (2) Notwithstanding a requirement that the commission make rules, the commission may take action under this chapter before the commission makes a required rule including:

   1. (a) approving a solicitation process under Part 2, Solicitation Process;
   2. (b) approving a significant energy resource under Section 54-17-302;
   3. (c) issuing an order under Section 54-17-304 regarding whether an affected electrical utility should proceed with implementing a significant energy resource decision;
   4. (d) approving an energy resource under Section 54-17-402; or
   5. (e) issuing an order under Section 54-17-404 regarding whether an energy utility should proceed with implementing a resource decision.

Amended by Chapter 382, 2008 General Session