jurisdiction. (1) As used in this section, "out-of-state distribution electrical cooperative" means an electrical corporation that: (a) is a distribution electrical cooperative; (b) is headquartered and maintains its principal place of business in a state adjoining Utah; and (c) provides electric services to consumers located in Utah. (2) An out-of-state distribution electrical cooperative is exempt from regulation by the commission if the out-of-state distribution electrical cooperative: (a) has not previously been headquartered or maintained its principal place of business in Utah; (b) serves fewer than 25,000 total customers; (c) provides less than 20% of the out-of-state distribution electrical cooperative's total power sales in Utah; and (d) provides and maintains on file with the commission written documentation certifying that the out-of-state distribution electrical cooperative is subject to the applicable laws, rules, and regulations of the state where the out-of state distribution electrical cooperative's principal place of business is located. (3) Notwithstanding the other provisions of this section, the commission may exercise the commission's authority applicable to a distribution electrical cooperative pursuant to this title if: (a) the out-of-state distribution electrical cooperative fails to meet any of the qualifications of Subsection (2); or (b) a complaint is filed against the out-of-state distribution electrical cooperative by one of the out-of-state distribution electrical cooperative's customers within Utah.
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