Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 54. Table of Contents]
54-3-1 Charges must be just; service adequate; rules reasonable.
All charges made, demanded or received by any public utility,
or by any two or more public utilities, for any product or
commodity furnished or to be furnished, or for any service
rendered or to be rendered, shall be just and reasonable.
Every unjust or unreasonable charge made, demanded or received
for such product or commodity or service is hereby prohibited
and declared unlawful. Every public utility shall furnish,
provide and maintain such service, instrumentalities, equipment
and facilities as will promote the safety, health, comfort
and convenience of its patrons, employees and the public,
and as will be in all respects adequate, efficient, just
and reasonable. All rules and regulations made by a public
utility affecting or pertaining to its charges or service
to the public shall be just and reasonable. The scope of
definition "just and reasonable" may include, but shall not
be limited to, the cost of providing service to each category
of customer, economic impact of charges on each category
of customer, and on the well-being of the state of Utah;
methods of reducing wide periodic variations in demand of
such products, commodities or services, and means of encouraging
conservation of resources and energy.
1977
54-3-2 Schedules of rates and classification - Right of inspection - Changes by commission.
(1) Under the rules and regulations made by the commission, every public utility, shall file with the commission within the time and in the form as the commission may designate, and shall print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected or enforced, together with all rules, regulations, contracts, privileges, and facilities which in any manner affect or relate to rates, tolls, rentals, charges, classifications, or service.
(2) Except for motor carriers exempted under federal law, nothing in this section shall prevent the commission from approving or fixing rates, tolls, rentals, or charges from time to time greater, or less, than those shown by the schedules.
(3) The commission shall have power, in its discretion,
to determine and prescribe, by order, changes in the form
of the schedules referred to in this section as it may find
expedient, and to modify the requirements of any of its orders
or rules or regulations in respect to any matters described
in this section.
1996
54-3-3 Changes by utilities in schedules - Notice.
Unless the commission otherwise orders, no change shall
be made by any public utility in any rate, fare, toll, rental,
charge or classification, or in any rule, regulation or contract
relating to or affecting any rate, toll, fare, rental, charge,
classification or service, or in any privilege or facility,
except after 30 days' notice to the commission and to the
public as herein provided. Such notice shall be given by
filing with the commission, and keeping open for public inspection,
new schedules stating plainly the change or changes to be
made in the schedule or schedules then in force, and the
time when the change or changes will go into effect. The
commission for good cause shown may allow changes, without
requiring the thirty days' notice herein provided for, by
an order specifying the changes so to be made, the time when
they shall take effect and the manner in which they shall
be filed and published. When any change is proposed in any
rate, fare, toll, rental, charge or classification, or in
any form of contract or agreement, or in any rule, regulation
or contract relating to or affecting any rate, toll, fare,
rental, charge, classification or service, or in any privilege
or facility, attention shall be directed to such change on
the schedule filed with the commission by some character
to be designated by the commission immediately preceding
or following the item.
1953
54-3-4 Joint tariffs.
The names of the several public utilities which are parties
to any joint tariff, rate, fare, toll, contract, classification
or charge shall be specified in the schedule or schedules
showing the same. Unless otherwise ordered by the commission,
a schedule showing such joint tariff, rate, toll, fare, contract,
classification or charge need be filed with the commission
by only one of the parties to it, provided there is also
filed with the commission, in such form as the commission
may require, a concurrence in such joint tariff, rate, toll,
fare, contract, classification or charge by each of the other
parties thereto.
1953
54-3-7 Charges not to vary from schedules - Refunds and rebates forbidden - Exceptions.
Except as in this chapter otherwise provided, no public
utility shall charge, demand, collect or receive a greater
or less or different compensation for any product or commodity
furnished or to be furnished, or for any service rendered
or to be rendered, than the rates, tolls, rentals and charges
applicable to such products or commodity or service as specified
in its schedules on file and in effect at the time; nor shall
any such public utility refund or remit, directly or indirectly,
in any manner or by any device, any portion of the rates,
tolls, rentals and charges so specified; nor extend to any
person any form of contract or agreement, or any rule or
regulation, or any facility or privilege except such as are
regularly and uniformly extended to all corporations and
persons; provided, that the commission may, by rule or order,
establish such exceptions from the operation of this prohibition
as it may consider just and reasonable as to any public utility.
1953
54-3-8 Preferences forbidden - Power of commission to determine facts.
(1) No public utility shall, as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any person, or subject any person to any prejudice or disadvantage. No public utility shall establish or maintain any unreasonable difference as to rates, charges, service or facilities, or in any other respect, either as between localities or as between classes of service.
(2) The commission shall have power to determine any question
of fact arising under this section.
1998
54-3-8.5 Rate on electricity for agricultural irrigation or drainage.
The commission in approving any rate applicable to customers
who use electric power for agricultural irrigation or soil
drainage purposes which includes a demand or power charge
as a separate charge shall take into consideration the productive
utilization of agricultural water and electric energy.
1983
54-3-9 Sliding scale of charges - Control by commission.
Nothing in this title shall be taken to prohibit a corporation
or person engaged in the production, generation, transmission,
or furnishing of heat, light, water or power, or telegraph
or telephone service, from establishing a sliding scale of
charges, provided a schedule showing such scale of charges
shall first have been filed with the commission and the rates
set out therein are approved by it. Nothing in this title
shall be taken to prohibit any such corporation or person
from entering into an arrangement for a fixed period for
the automatic adjustment of charges for heat, light, water
or power, or telegraph or telephone service, in relation
to the dividends to be paid to stockholders of such corporation
or the profit to be realized by such person, provided a schedule
showing the scale of charges under such arrangement shall
first have been filed with the commission and each rate set
out therein is approved by it. Nothing in this section shall
prevent the commission from revoking its approval at any
time and fixing other rates and charges for the product or
commodity or service, as authorized by this title.
1953
54-3-10 Interchange of business required.
Every telephone corporation and telegraph corporation
operating in this state shall receive, transmit, and deliver,
without discrimination or delay, the conversations and messages
of every other telephone or telegraph corporation with whose
line a physical connection may have been made.
1996
54-3-19 Long and short distance service - Through and intermediate rates.
(1) A telephone or telegraph corporation may not charge or receive any greater compensation, in the aggregate, for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction within this state, the shorter being included within the longer distance; or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls; but this shall not be construed as authorizing any telephone or telegraph corporation to charge or receive as great a compensation for a shorter as for a longer distance.
(2) Upon application to the commission any telegraph or
telephone corporation may in special cases, after investigation,
be authorized by the commission to charge less for a longer
than for a shorter distance service for the transmission
of messages or conversations, and the commission may from
time to time prescribe the extent to which the telegraph
or telephone corporation may be relieved from the operation
and requirements of this section.
1995
54-3-21 Commission to be furnished information and copies of records - Hearings before commission to be public - Privilege.
(1) Every public utility shall furnish to the commission in such form and such detail as the commission shall prescribe all tabulations and computations and all other information required by it to carry into effect any of the provisions of this title, and shall make specific answers to all questions submitted by the commission.
(2) Every public utility receiving from the commission any blanks with directions to fill the same shall cause the same to be properly filled so as to answer fully and correctly each question propounded therein; in case it is unable to answer any question, it shall give a good and sufficient reason for such failure.
(3) Whenever required by the commission every public utility shall deliver to the commission copies of any or all maps, profiles, contracts, agreements, franchises, reports, books, accounts, papers and records in its possession or in any way relating to its property or affecting its business, and also a complete inventory of all its property in such form as the commission may direct.
(4) Hearings or proceedings of the commission or of any
commissioner shall be open to the public, and all records
of all hearings or proceedings or orders, rules or investigations
by the commission or any commissioner shall be at all times
open to the public; provided, that any information furnished
the commission by a public utility or by any officer, agent
or employee of any public utility may be withheld from the
public whenever and during such time as the commission may
determine that it is for the best interests of the public
to withhold such information. Any officer or employee of
the commission who in violation of the provisions of this
subsection divulges any such information is guilty of a misdemeanor.
1953
54-3-22 Required reports.
Every public utility shall furnish to the commission at
such time and in such form as the commission may require
a report in which the public utility shall specifically answer
all questions propounded by the commission upon or concerning
any matter upon which the commission may desire information.
The commission shall have authority to require any public
utility to file monthly reports of earnings and expenses,
and to file periodical or special, or both periodical and
special, reports concerning any matter about which the commission
is authorized to inquire or to keep itself informed or which
it is required to enforce. All reports shall be under oath
when required by the commission.
1953
54-3-23 Commission's orders must be obeyed.
Every public utility shall obey and comply with each and
every requirement of every order, decision, direction, rule
or regulation made or prescribed by the commission in the
matters herein specified, or in any other matter in any way
relating to or affecting its business as a public utility,
and shall do everything necessary or proper in order to secure
compliance with and observance of every such order, decision,
direction, rule or regulation by all of its officers, agents
and employees.
1953
54-3-24 Hostage situation - Telephone communication prevention.
The supervising law enforcement official having jurisdiction in a geographical area where hostages are held, who has probable cause to believe that the holder of one or more hostages is committing a crime, may order a previously designated telephone company security employee to arrange to cut, reroute or divert telephone lines that serve the area in which the hostages are being held, in an emergency, for the purpose of preventing telephone communications by the holder of the hostages with any person other than a peace officer or person authorized by a peace officer.
The serving telephone company within the geographical
area of the law enforcement unit shall designate a telephone
company security official and an alternate to provide all
required assistance to law enforcement officials to carry
out the purpose of this section. Good faith reliance on an
order given by a supervising law enforcement official shall
constitute a complete defense to any action brought for conduct
allowed under this section.
1981
54-3-25 Telephone corporations - Publishing special purpose district names and telephone numbers.
(1) As used in this section, "special purpose district" includes the following:
(a) Cemetery Maintenance Districts;
(b) County Service Areas;
(c) Drainage Districts;
(d) Fire Protection Districts;
(e) Irrigation Districts;
(f) Metropolitan Water Districts;
(g) Mosquito Abatement Districts;
(h) Public Transit Districts;
(i) Community Redevelopment Agencies;
(j) Neighborhood Redevelopment Agencies;
(k) Special Service Districts;
(l) Water Conservancy Districts;
(m) Airport Authorities;
(n) Great Salt Lake Development Authority;
(o) Hazardous Waste Facilities Management Authorities;
(p) County Improvement Districts;
(q) County Improvement Districts for Water, Sewerage, Flood Control, Electric, Gas;
(r) Municipal Improvement Districts;
(s) Parking and Business Improvements Districts;
(t) Local Health Districts;
(u) Local Mental Health Authorities;
(v) Local Substance Abuse Authorities;
(w) Soil Conservation Districts;
(x) Municipal Building Authorities;
(y) Port Authorities;
(z) Pure Sugar Beet Seed Districts;
(aa) Special Road Districts;
(bb) Historic Districts; and
(cc) Sprinkling Districts.
(2) (a) Each special purpose district, as defined in Subsection (1), shall:
(i) annually provide its name, telephone number, and address to the telephone directory publisher serving the geographical area within which the special purpose district headquarters is located; or
(ii) annually provide the general manager's telephone number and address to the telephone directory publisher within which the special district is located if the special purpose district does not have its own telephone number and address; and
(iii) request that the special purpose district's or the general manager's name, telephone number, and address be published in the government or other appropriate government-related section of the local telephone directory serving the special purpose district.
(b) By June 30 of each year, certify in writing to the county treasurer of the county in which the special purpose district is located, that its name, telephone number, and address have been provided to the local telephone directory publisher for inclusion in the government or other appropriate government-related section of the local telephone directory.
(c) After June 30, 1991, the county treasurer shall withhold the payment of any property taxes to the special purpose district until the district has certified in writing to the county treasurer it has provided the required telephone listing information to the appropriate telephone directory publisher by June 30 of that year and every year after that.
(d) Any special purpose district that has a total annual
budget of $5,000 or less is exempt from this section.
1990
54-3-26 Retention of unclaimed capital credits by electric and telephone cooperatives - Use of retained monies - Reporting requirements.
Each electric and telephone cooperative shall:
(1) retain capital credits given to customers of electric and telephone cooperatives in this state that remain unclaimed for a period of three years after the end the year in which the credit is given;
(2) use the monies retained solely to:
(a) assist low-income persons to pay their utility bills; and
(b) provide scholarships to local graduating high school seniors;
(3) establish guidelines based on factors such as income or special needs to determine persons who qualify; and
(4) submit copies annually to the Public Service Commission of:
(a) the cooperative's guidelines; and
(b) amounts and disposition of retained capital credits
by individual recipients.
1995
