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(1) This Section applies to instances where state or federal law applies to the purchase, transmission or distribution of electric energy from or for others who operate what are sometimes known as “qualifying co-generation” facilities or “small power production” facilities, or other facilities of a similar nature. All of the provisions of Section 12.03.080, Provo City Code, apply to instances covered by this Section, except to the extent specifically agreed otherwise in writing with Provo City.

(2) Due to Provo City’s membership in the Utah Municipal Power Agency (UMPA) and pursuant to an order of the Federal Energy Regulatory Commission issued in 1992, all entities claiming the right to sell, transmit or distribute electric energy as described in Subsection (1) of this Section must address such claims with UMPA and comply with the following:

(a) If the facilities of the applicant must be interconnected with facilities of Provo City, the applicant shall pay all costs of making and maintaining the interconnection and shall provide Provo City notice of the necessary interconnection requirements at least one hundred eighty (180) days before the date the entity intends to commence the activity described in this Section.

(Enacted 1988-58, Am 2018-38)