Gov. Gary Herbert vetoes proposed Rocky Mountain Power conservation legislation

SALT LAKE CITY — Gov. Gary Herbert vetoed a proposed measure Tuesday that would have facilitated Rocky Mountain Power's ability to develop a conservation program that included an "opt out" provision for utility customers during peak summer power-usage periods.

Even if approved, SB47 would have required approval from the Utah Public Service Commission, the state agency charged with regulating utilities. Following Tuesday's veto, RMP said it will pursue other conservation measures.

"Rocky Mountain Power supported the legislation, which was developed in consultation with customer groups, the Utah Office of Consumer Services and energy efficiency advocate organizations," RMP spokesman David Eskelsen told the Deseret News in an e-mail. "The bill provided for a workable lower-cost method to help manage periods of high electric demand. We believe it was in the interests of customers."

Eskelsen went on to say that if policymakers do not desire such a program, the company is prepared to serve customers during summer peak demand for electricity with other options. The main resource choice at this point is "flexible" electric generation fueled by natural gas, which will be more expensive for customers than a peak demand management program, he said.

The bill would have affected the utility's Cool Keeper program, in which a device is installed onto residential air conditioning units to monitor peak usage. When electricity demand rises on the hottest days of summer, the Cool Keeper device receives a wireless signal and responds to the signal by turning the customer's air conditioner off and on for 15-minute periods, coordinating with other units in the neighborhood to help manage electricity use.

The utility said participation in the voluntary program is at about 33 percent. The company estimated that implementing an "opt out" provision would have pushed participation near the 60 percent to 70 percent range, lowering overall energy use and reducing the need for new electricity generation.

In a statement announcing the veto, Herbert said he fully supports energy conservation measures and would like all Utahns to take proactive steps to improve energy efficiency in their homes and workplaces.

"While I applaud the aims of the bill and encourage all Utahns to examine their energy use and take steps to conserve where possible, I believe this bill is adverse to good public policy in the state of Utah," Herbert said in his veto letter to legislative leaders.