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Above, Rocky Mountain Power's spokesman Dave Eskelsen holds a Cool Keeper program control box they put on home air conditioners. SLC 3/16/10

From Rocky Mountain Power's perspective, far too few Utahns have signed up voluntarily for its Cool Keeper program, which allows the utility to control its customers' air conditioning units on the hottest days of the summer.

So it turned to the Legislature for help.

Under a new law that awaits only Gov. Gary Herbert's signature, Utahns will be signed up automatically to participate in Cool Keeper, reversing previous state regulations that protected consumers from being enrolled in such programs without their consent.

If customers still don't want to participate, they will have to formally opt out of Cool Keeper, a program Rocky Mountain Power says improves its efficiency by enabling it to avoid the high costs of buying or producing additional electricity during times of peak summer demand.

Consumer advocates typically prefer programs that require consumers to opt in over those that require them to opt out, said Michele Beck of the Utah Office of Consumer Services, which represents consumers' interests in rate cases and other utility matters.

In this case, however, the consumer protection office supported the change after making sure consumers were adequately protected, she said, adding those who don't want to participate will suffer no adverse effects.

Once SB47 is signed, the state's Public Service Commission will have to approve expanding Cool Keeper with opt-out provisions. Rocky Mountain Power will move as quickly

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as possible to get that permission, spokesman Dave Eskelsen said.

If properly implemented, such an expanded program will benefit all the utility's customers, Beck said.

It will slash the amount of electricity the company must buy on the open market when temperatures and power costs are high, she said. And, it will help reduce the need for the company to build additional power plants merely to cope with the infrequent spikes in electrical demand that sometimes occur during the summer's hottest hours.

"With an opt-out provision, we are expecting to get a much higher participation rate, and that makes the Cool Keeper program a much more valuable resource to us," Eskelsen said. Rocky Mountain Power launched the program in June 2003. To date, about 90,000 of the approximately 240,000 Utah homeowners living in the more populous areas of the Wasatch Front, or about 35 percent, have voluntarily signed on, Eskelsen said.

He said that even on the hottest days when the Cool Keeper program is activated, the temperature inside homes will only rise 1 to 3 degrees. Most people won't notice because the fan portion of their air conditioner will continue to move cool air.

At least one lawmaker opposed SB47, sponsored by Sen. Kevin VanTassel, R-Vernal.

Sen. Chris Buttars, R-West Jordan, called it a "bad deal" because it allows the utility to directly control customers' air conditioners.

"I don't know how much farther you can let government in the house," Buttars said. "The charge of the utility company is to supply power as needed for us -- not to take over our house's thermostat in high-demand times."

But in debate in the House, Rep. Brad Dee, R-Washington Terrace, cited two choices: "either save money through this program or raise utility bills," he said. "This is a very proactive program. If you don't want to play, just opt out."

SB47 passed the Senate 21-7. It passed the House 53-19.

The Legislature's action angered Rocky Mountain Power customer Eileen Snarr of Salt Lake City, who is upset because she will now have to opt out of Cool Keeper. "There is no way I'm turning control of a product for which I paid a couple of grand over to any outside party."

soberbeck@sltrib.com