As used in this part:

1. (1) "Clean energy contract" means a contract under this part for the delivery of electricity from one or more clean energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution system to deliver the electricity from a clean energy facility to the contract customer.

2. (2)

   1. (a) "Clean energy facility" means a clean energy source as defined in Section 54-17-601 that:

      1. (i) is located in the state; or

      2. (ii)

         1. (A) is located outside the state; and
         2. (B) provides energy from baseload clean resources.
   2. (b) "Clean energy facility" does not include an electric generating facility for which the electric generating facility's costs are included in a qualified utility's rates as a facility that provides electric service to the qualified utility's system.
3. (3) "Clean energy tariff" means a tariff offered by a qualified utility that allows the qualified utility to procure clean generation on behalf of and to serve its customers.
4. (4) "Contract customer" means a person who executes or will execute a clean energy contract with a qualified utility.
5. (5) "Qualified utility" means an electric corporation that serves more than 200,000 retail customers in the state.

Amended by Chapter 53, 2024 General Session