Definitions.

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  • (1) "Actual excess cost" means the difference in cost between:
    • (a) the standard cost of a facility; and
    • (b) the actual cost of the facility, including any necessary right-of-way, as determined in accordance with Section 54-14-203.
  • (2) "Board" means the Utility Facility Review Board.
  • (3) "Commencement of construction of a facility" includes the project design and the ordering of materials necessary to construct the facility.
  • (4) "Estimated excess cost" means any material difference in estimated cost between the costs of a facility, including any necessary right-of-way, if constructed in accordance with the requirements of a local government and the standard cost of the facility.
  • (5)
    • (a) "Facility" means a transmission line, a substation, a gas pipeline, a tap, a measuring device, or a treatment device.
    • (b) "Facility" includes a high voltage power line route as defined in Section 54-18-102.
  • (6)
    • (a) "Gas pipeline" means equipment, material, and structures used to transport gas to the public utility's customers, including:
      • (i) pipe;
      • (ii) a compressor;
      • (iii) a pressure regulator;
      • (iv) a support structure; and
      • (v) any other equipment or structure used to transport or facilitate transportation of gas through a pipe.
    • (b) "Gas pipeline" does not include a service line.
  • (7) "Local government":
    • (a) means a city or town as defined in Section 10-1-104 or a county; or
    • (b) may refer to one or more of the local governments in whose jurisdiction a facility is located if a facility is proposed to be located in more than one local government jurisdiction.
  • (8) "Pay" includes, in reference to a local government paying the actual excess cost of a facility, payment by:
    • (a) a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts;
    • (b) a special service district under Title 17D, Chapter 1, Special Service District Act; or
    • (c) a private entity other than the public utility pursuant to a regulation or decision of the local government.
  • (9)
    • (a) "Standard cost" means the estimated cost of a facility, including any necessary right-of-way, if constructed in accordance with:
      • (i) the public utility's normal practices; and
      • (ii) zoning, subdivision, and building code regulations of a local government, including siting, setback, screening, and landscaping requirements:
        • (A) imposed on similar land uses in the same zone; and
        • (B) that do not impair the ability of the public utility to provide service to its customers in a safe, reliable, adequate, and efficient manner.
    • (b) With respect to a transmission line, "standard cost" is the cost of any overhead line constructed in accordance with the public utility's normal practices.
    • (c) With respect to a facility of a gas corporation, "standard cost" is the cost of constructing the facility in accordance with the public utility's normal practices.
  • (10)
    • (a) "Substation" means a separate space within which electric supply equipment is located for the purpose of switching, regulating, transforming, or otherwise modifying the characteristics of electricity, including:
      • (i) electrical equipment such as transformers, circuit breakers, voltage regulating equipment, buses, switches, capacitor banks, reactors, protection and control equipment, and other related equipment;
      • (ii) the site at which the equipment is located, any foundations, support structures, buildings, or driveways necessary to locate, operate, and maintain the equipment at the site; and
      • (iii) the structure intended to restrict access to the equipment to qualified persons.
    • (b) "Substation" does not include a distribution pole-mounted or pad-mounted transformer that is used for the final transformation of power to the voltage level utilized by the customer.
  • (11)
    • (a) "Transmission line" means an electrical line, including structures, equipment, plant, or fixtures associated with the electrical line, operated at a nominal voltage of 34,000 volts or above.
    • (b) "Transmission line" includes, for purposes of Title 54, Chapter 18, Siting of High Voltage Power Line Act, an electrical line as described in Subsection (11)(a) operated at a nominal voltage of 230 kilovolts or more.




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