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Utah Code § 79-6-1107

Selection of facility operator

Enacted by Chapter 120, 2025 General Session

(1) The council shall initiate the selection of an operator for a decommissioned asset by:

(a) issuing a request for proposals; and

(b) publishing the request for proposals on the Utah Public Notice Website created under Section 63A-16-601.

(2) The request for proposals shall specify that an entity must demonstrate:

(a) at least 10 years of experience operating coal-fired electrical generation facilities;

(b) a commitment to maintaining substantial operations within the state;

(c) financial capability to operate and maintain the facility;

(d) experience with similar coal types and specifications;

(e) proven capability to comply with state and federal environmental requirements;

(f) existing relationships with regional transmission organizations;

(g) ability to maintain reliable baseload power generation;

(h) experience with western coal markets and transportation;

(i) capability to retain the existing skilled workforce; and

(j) ability to integrate operations with existing transmission infrastructure.

(3) The council shall:

(a) allow at least 60 days for the submission of proposals; and

(b) establish or contract with a technical review committee to evaluate proposals.

(4) In evaluating proposals, the council shall consider:

(a) operational efficiency metrics from similar facilities;

(b) proposed operational cost structure;

(c) economic considerations;

(d) reliability and availability guarantees;

(e) environmental compliance history and plans;

(f) workplace safety record and plans;

(g) local economic benefit commitments;

(h) proposed timeline for assuming operations; and

(i) the long term power needs of the state and residents of the state.

(5) Nothing in this section:

(a) requires the council to select any proposal; or

(b) prevents the council from:

(i) rejecting all proposals; or

(ii) terminating the request for proposals process.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.