(1) After the commission has adopted administrative rules as required under Section 54-17-909, a qualified utility may file an application with the commission for approval of a community clean energy program. (2) The application shall include: (a) the names of each municipality and county to be served by the community clean energy program; (b) a map of the geographic boundaries of each municipality and county; (c) the number of customers served by the qualified utility within those boundaries; (d) projected rates for participating customers that take into account: (i) the estimated number of customers expected to participate in the program; (ii) the quantifiable costs and benefits to the qualified utility and all of the qualified utility's customers in their capacity as ratepayers of the qualified utility, excluding costs or benefits that do not directly affect the qualified utility, including as applicable: (A) replaced assets; (B) auxiliary services; and (C) new clean energy resources used to serve the community clean energy program; and (iii) the ongoing costs at the time of the application; (e) the agreement entered into with the qualified utility under Section 54-17-903; (f) a proposed plan established by the participating community addressing low-income programs and assistance; (g) a proposed solicitation process for the acquisition of clean energy resources as provided in Section 54-17-908; and (h) any other information the commission may require by rule. (3) The commission may approve an application for a community clean energy program if the commission finds: (a) the application meets all of the requirements in this section and administrative rules adopted by the commission in accordance with Sections 54-17-908 and 54-17-909 to implement this part; and (b) the community clean energy program is in the public interest. (4) The rates approved by the commission for participating customers: (a) shall be based on the factors included in Subsection (2)(d) and any other factor determined by the commission to be in the public interest; (b) may not result in any shift of costs or benefits to any nonparticipating customer, or any other customer of the qualified utility beyond the participating community boundaries; and (c) shall take into account any quantifiable benefits to the qualified utility, and the qualified utility's customers, including participating customers in their capacity as ratepayers of the qualified utility, excluding costs or benefits that do not directly affect the qualified utility's costs of service. (5) (a) Each municipality or county included in the application shall be a party to the regulatory proceeding. (b) A municipality or county identified in the application shall provide information to all relevant parties in accordance with the commission's rules for discovery, notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act. (6) The community clean energy program may not be implemented until after the municipality or county adopts the ordinance required in Section 54-17-903.
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