§ 158-732. General provisions.

(a)

Each utility shall be required to develop and file for review and approval by the council a least-cost resource plan as described by these regulations. These regulations establish guidelines for the development, submission and regulatory review of such plans. These regulations also provide for the authority to implement resource options, plan monitoring amendments to the plans and the establishment of collaborative working groups.

(b)

The city council may approve the utility's least-cost resource plan as filed, approve it subject to stated conditions, approve it with modifications, approve it in part and reject it in part, or reject it as filed, pursuant to these regulations, only upon finding, after a hearing is conducted in accordance with article III that such action is in the public interest and substantially complies with these regulations. The city council shall take such action within 12 months of the date of a complete plan filing as prescribed in section 158-767(a) through (f).

(c)

Each utility is required to show that its applications for authority to construct or implement resource options are consistent with the most recently approved least-cost resource plan. Any utility proposing to:

(1)

Construct or acquire an interest in a generation or transmission facility or implement a full-scale demand-side program, the rate base value of which exceeds two percent of the rate making value of the utility's property; or

(2)

Enter into a long-term firm power purchase contract, the present value of the fixed cost of which exceeds two percent of the rate making value of the utility's property;

shall file an application and receive city council approval for authority to take such action.

(d)

Notwithstanding the provisions of subsection (b) of this section, failure to substantially comply with the provisions of this article may result in summary rejection of an applicant's plan. Such rejection may be without prejudice to the refiling of the application.

(Code 1956, § 52-350)