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[Utah Code Table of Contents]
[TITLE 54. Table of Contents]
54-7-1 Settlement - Limitation of issues.
(1) Informal resolution, by agreement of the parties, of matters before the commission is encouraged as a means to:
(a) resolve disputes while minimizing the time and expense that is expended by:
(i) public utilities;
(ii) the state; and
(iii) consumers;
(b) enhance administrative efficiency; or
(c) enhance the regulatory process by allowing the commission to concentrate on those issues that adverse parties cannot otherwise resolve.
(2) (a) The commission may approve any agreement after considering the interests of the public and other affected persons to use a settlement proposal to resolve a disputed matter.
(b) The commission shall reserve to the parties the right to maintain appropriate confidentiality in the negotiation process even when the commission uses a settlement proposal to resolve a disputed matter.
(3) (a) At any time before or during an adjudicative proceeding before the commission, the parties, between themselves or with the commission or a commissioner, may engage in settlement conferences and negotiations.
(b) In accordance with this Subsection (3), the commission may adopt any settlement proposal entered into by two or more of the parties to an adjudicative proceeding.
(c) The commission shall notify all parties to an adjudicative proceeding of the terms of any settlement proposal related to the adjudicative proceeding.
(d) (i) The commission may adopt a settlement proposal if:
(A) the commission finds that the settlement proposal is just and reasonable in result; and
(B) the evidence, contained in the record, supports a finding that the settlement proposal is just and reasonable in result.
(ii) When considering whether to adopt a settlement proposal, the commission shall consider the significant and material facts related to the case.
(e) (i) The commission may adopt a settlement proposal related to an adjudicative proceeding at any stage of the adjudicative procedure.
(ii) The commission shall conduct a hearing before adopting a settlement proposal if requested by:
(A) any party initiating the adjudicative proceeding;
(B) any party against whom the adjudicative proceeding is initiated; or
(C) an intervening party to the adjudicative proceeding.
(f) The commission shall accept or reject a settlement proposal within a reasonable time.
(4) In cases or procedures involving rate increases as
defined in Section
54-7-12
, the commission may limit the factors and issues
to be considered in its determination of just and reasonable
rates.
2003
54-7-1.5 Communications between commission personnel and parties restricted.
No member of the Public Service Commission, administrative
law judge, or commission employee who is or may reasonably
be expected to be involved in the decision making process,
shall make or knowingly cause to be made to any party any
communication relevant to the merits of any matter under
adjudication unless notice and an opportunity to be heard
are afforded to all parties. No party shall make or knowingly
cause to be made to any member of the commission, administrative
law judge, or commission employee who is or may reasonably
be expected to be involved in the decision making process,
an ex parte communication relevant to the merits of any matter
under adjudication. Any member of the commission, administrative
law judge or commission employee who receives an ex parte
communication shall place the communication into the public
record of the proceedings and afford all parties an opportunity
to comment on the information.
1983
54-7-2 Process - Service - Fees.
The process issued by the commission or any commissioner
shall extend to all parts of the state, and may be served
by any person authorized to serve process of courts of record,
or by any person designated for that purpose by the commission
or a commissioner. The person executing any such process
shall receive such compensation as may be allowed by the
commission, not to exceed the fees prescribed by law for
similar services in civil actions, and such fees shall be
paid in the same manner as provided herein for payment of
the fees of witnesses.
1953
54-7-3 Subpoena - Witness fees - Depositions.
(1) (a) The commission and each commissioner may administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents, and other evidence in any inquiry, investigation, hearing, or proceeding in any part of the state.
(b) (i) Each witness who appears by order of the commission or a commissioner shall receive the same fees and mileage for his attendance that are allowed by law to a witness in the district court.
(ii) The party at whose request the witness is subpoenaed shall pay the witness and mileage fee.
(iii) When any witness who has not been required to attend at the request of any party is subpoenaed by the commission, his fees and mileage shall be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid.
(iv) Any witness subpoenaed, except one whose fees and mileage may be paid from the funds of the commission, may at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear and one day's attendance.
(v) If the witness demands the fees at the time of service and they are not paid at that time, he is not required to attend the hearing.
(vi) All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action instituted by the person to whom the fees are payable.
(vii) No witness furnished with free transportation receives mileage for the distance he may have traveled.
(2) The commission or any commissioner or any party may
in any investigation before the commission cause the depositions
of witnesses residing within or without the state to be taken
in the manner prescribed by law for depositions in civil
actions in the district courts of this state, and may compel
the attendance of witnesses and the production of books,
waybills, documents, papers, and accounts.
1987
54-7-4 Copies, competent evidence.
Copies of any official documents or orders filed or deposited
according to law in the office of the commission, certified
by a commissioner or by the secretary or the assistant secretary
under the official seal of the commission to be true copies
of the originals, shall be evidence in the same manner as
the originals.
1953
54-7-5 Orders and certificates to be in writing and entered on records of commission - Recordation.
Every order, authorization or certificate issued or approved
by the commission under any provision of this title shall
be in writing and entered on the records of the commission.
Any such order, authorization or certificate, or a copy thereof
or a copy of the record of any such order, authorization
or certificate certified by a commissioner or by the secretary
or the assistant secretary under the official seal of the
commission to be a true copy of the original, may be recorded
in the office of the recorder of any county in which is located
the principal place of business of any public utility affected
thereby or in which is situated any property of any such
public utility, and such record shall impart notice of its
provisions to all persons. A certificate under the seal of
the commission that any such order, authorization or certificate
has not been modified, stayed, suspended or revoked may also
be recorded in the same manner and with like effect.
1953
54-7-6 Fees.
(1) The commission shall charge and collect the following fees: for filing applications for certificates of convenience and necessity, $100 each; for copies of papers and records not required to be certified or otherwise authenticated by the commission, 15 cents for each folio; for certified copies of official documents and orders filed in its office, 20 cents for each folio, and $2 for every certificate under seal affixed thereto; for certifying a copy of any report made by a public utility, $2; for each certified copy of the annual report of the commission, $3; for certified copies of evidence and proceedings before the commission, 50 cents for each folio in the original copy and 25 cents for each folio in the carbon copies.
(2) Fees may not be charged or collected for copies of papers, records, or official documents, except certified copies of evidence and proceedings referred to in this chapter, furnished to public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distributions. However, the commission may fix reasonable charges for publications issued under its authority.
(3) All fees charged and collected under this section
shall be paid into the treasury of the state to the credit
of the funds appropriated for the use of the commission,
but fees for certified copies of evidence and proceedings
before the commission which are reported by a shorthand reporter
may be collected and retained by the official shorthand reporter
of the commission pursuant to rules prescribed by the commission.
1988
54-7-7 Books and records of utilities subject to inspection.
The commission, each commissioner and each officer and
person employed by the commission shall have the right at
any and all times to inspect the accounts, books, papers
and documents of any public utility, and the commission,
each commissioner and any officer of the commission or any
employee authorized to administer oaths shall have power
to examine under oath any officer, agent or employee of any
public utility in relation to the business and affairs of
said public utility; provided, that any person other than
a commissioner or an officer of the commission demanding
such inspection shall produce under the hand and seal of
the commission his authority to make such inspection; and
provided further, that written record of the testimony or
statement so given under oath shall be made and filed with
the commission.
1953
54-7-8 Offices for utility's books and records - Production for examination.
(1) Each public utility shall have an office in a county of this state in which its property or some portion thereof is located, and shall keep in said office all such books, accounts, papers and records as shall be required by the commission to be kept within this state. No books, accounts, papers or records required by the commission to be kept within this state shall be at any time removed from the state except upon such conditions as may be prescribed by the commission.
(2) The commission may require, by order served on any
public utility in the manner provided herein for the service
of orders, the production within this state at such time
and place as it may designate of any books, accounts, papers
or records kept by said public utility in any office or place
without this state, or at its option verified copies in lieu
thereof, so that an examination thereof may be made by the
commission or under its direction.
1953
54-7-9 Complaints against utilities - Scope.
(1) When any public utility violates any provision of law or any order or rule of the commission:
(a) the commission may file a notice of agency action; or
(b) any person, corporation, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural, or manufacturing organization or association, or any body politic or municipal corporation may file a request for agency action.
(2) The notice or request shall specify the act committed or omitted by the public utility that is claimed to be in violation of the law or a rule or order of the commission.
(3) No request for agency action shall be entertained by the commission concerning the reasonableness of any rates or charges of any gas, electrical, water, sewerage, or telephone corporation, unless the request is signed by:
(a) the mayor, the president or chairman of the board of trustees, or the commissioners, or a majority of the council, commission, or other legislative body of the city, county, or town within which the alleged violation occurred; or
(b) by not less than 25 consumers or purchasers, or prospective consumers or purchasers, of the gas, electricity, water, sewerage, or telephone service.
(4) The commission need not dismiss any complaint because
of the absence of direct damage to the complainant.
>
1987
54-7-10 Orders on hearings - Time effective. (1) Orders of the commission shall take effect and become operative on the date issued, except as otherwise provided in the order.
(2) They shall continue in force for the period designated
in the order, or until changed or abrogated by the commission.
1987
54-7-11 Complaints by utilities - Procedure.
Any public utility may request agency action by the commission
on any of the grounds upon which requests for agency action
are allowed to be filed by other parties. The commission
shall follow the same procedure as in other cases.
1987
54-7-12 Rate increase or decrease - Procedure - Effective dates - Electrical or telephone cooperative.
(1) As used in this section:
(a) "Rate decrease" means:
(i) any direct decrease in a rate, fare, toll, rental, or other charge of a public utility; or
(ii) any modification of a classification, contract, practice, or rule that decreases a rate, fare, toll, rental, or other charge of a public utility.
(b) "Rate increase":
(i) means:
(A) any direct increase in a rate, fare, toll, rental, or other charge of a public utility; or
(B) any modification of a classification, contract, practice, or rule that increases a rate, fare, toll, rental, or other charge of a public utility; and
(ii) does not include a tariff under Section 54-7-12.8 .
(2) (a) Any public utility or other party that proposes to increase or decrease rates shall file appropriate schedules with the commission setting forth the proposed rate increase or decrease.
(b) The commission shall, after reasonable notice, hold a hearing to determine whether the proposed rate increase or decrease, or some other rate increase or decrease, is just and reasonable. If a rate decrease is proposed by a public utility, the commission may waive a hearing unless it seeks to suspend, alter, or modify the rate decrease.
(c) Except as otherwise provided in Subsections (3) and (4), a proposed rate increase or decrease is not effective until after completion of the hearing and issuance of a final order by the commission concerning the proposed increase or decrease.
(3) The following rules apply to the implementation of any proposed rate increase or decrease filed by a utility or proposed by any other party and to the implementation of any other increase or decrease in lieu of that proposed by a utility or other party that is determined to be just and reasonable by the commission.
(a) On its own initiative or in response to an application by a public utility or other party, the commission, after a hearing, may allow any proposed rate increase or decrease, or a reasonable part of the rate increase or decrease, to take effect, subject to the commission's right to order a refund or surcharge, upon the filing of the utility's schedules or at any time during the pendency of the commission's hearing proceedings. The evidence presented in the hearing held pursuant to this subsection need not encompass all issues that may be considered in a rate case hearing held pursuant to Subsection (2)(b), but shall establish an adequate prima facie showing that the interim rate increase or decrease is justified.
(b) (i) If the commission completes a hearing concerning a utility's revenue requirement before the expiration of 240 days from the date the rate increase or decrease proposal is filed, the commission may issue a final order within that period establishing the utility's revenue requirement and fixing the utility's interim allowable rates before the commission determines the allocation of the increase or decrease among categories of customers and classes of service.
(ii) If the commission in the commission's final order on a utility's revenue requirement finds that the interim increase order under Subsection (3)(a) exceeds the increase finally ordered, the commission shall order the utility to refund the excess to customers. If the commission in the commission's final order on a utility's revenue requirement finds that the interim decrease order under Subsection (3)(a) exceeds the decrease finally ordered, the commission shall order a surcharge to customers to recover the excess decrease.
(c) If the commission fails to enter the commission's order granting or revising a revenue increase within 240 days after the utility's schedules are filed, the rate increase proposed by the utility is final and the commission may not order a refund of any amount already collected by the utility under its filed rate increase.
(d) (i) When a public utility files a proposed rate increase based upon an increased cost to the utility for fuel or energy purchased or obtained from independent contractors, other independent suppliers, or any supplier whose prices are regulated by a governmental agency, the commission shall issue a tentative order with respect to the proposed increase within ten days after the proposal is filed, unless it issues a final order with respect to the rate increase within 20 days after the proposal is filed.
(ii) The commission shall hold a public hearing within 30 days after it issues the tentative order to determine if the proposed rate increase is just and reasonable.
(4) (a) Notwithstanding any other provisions of this title, any schedule, classification, practice, or rule filed by a public utility with the commission that does not result in any rate increase shall take effect 30 days after the date of filing or within any lesser time the commission may grant, subject to its authority after a hearing to suspend, alter, or modify that schedule, classification, practice, or rule.
(b) When the commission suspends a schedule, classification, practice, or rule, the commission shall hold a hearing on the schedule, classification, practice, or rule before issuing its final order.
(c) For purposes of this Subsection (4), any schedule, classification, practice, or rule that introduces a service or product not previously offered may not result in a rate increase.
(5) (a) Notwithstanding any other provision of this title, whenever a public utility files with the commission any schedule, classification, practice, or rule that does not result in an increase in any rate, fare, toll, rental, or charge, the schedule, classification, practice, or rule shall take effect 30 days after the date of filing or at any earlier time the commission may grant, subject to the authority of the commission, after a hearing, to suspend, alter, or modify the schedule, classification, practice, or rule.
(b) (i) Notwithstanding any other provision of this title, whenever a public utility files with the commission a request for an increase in rates, fares, tolls, rentals, or charges based solely upon cost increases to the public utility of fuel supplied by an independent contractor or independent source of supply, the requested increase shall take effect ten days after the filing of the request with the commission or at any earlier time after the filing of the request as the commission may by order permit.
(ii) The commission shall order the increase to take effect only after a showing has been made by the public utility to the commission that the increase is justified.
(iii) The commission may, after a hearing, suspend, alter, or modify the increase.
(6) This section does not apply to any rate changes of an electrical or telephone cooperative that meets all of the requirements of this Subsection (6).
(a) (i) The cooperative is organized for the purpose of either distributing electricity or providing telecommunication services to its members and the public at cost.
(ii) "At cost" includes interest costs and a reasonable rate of return as determined by the cooperative's board of directors.
(b) The cooperative's board of directors and any appropriate agency of the federal government have approved the rate increase or other rate change and all necessary tariff revisions reflecting the increased rate or rate change.
(c) Before implementing any rate increases, the cooperative has held a public meeting for all its customers and members. The cooperative shall mail a notice of the meeting to all of the cooperative's customers and members not less than ten days prior to the date that the meeting is held.
(d) The cooperative has filed its tariff revisions reflecting the rate increase or other rate change with the commission, who shall make the tariffs available for public inspection.
(7) Notwithstanding Subsections (2) and (3), the procedures for implementing a proposed rate increase by a telephone corporation having less than 30,000 subscriber access lines in the state are provided in this Subsection (7).
(a) (i) The proposed rate increase by a telephone corporation subject to this Subsection (7) may become effective on the day the telephone corporation files with the commission the proposed tariff revisions and necessary information to support a determination by the commission that the proposed rate increase is just and reasonable.
(ii) The telephone corporation shall notify the commission and all potentially affected access line subscribers of the proposed rate increase 30 days before filing the proposed rate increase or change.
(b) (i) The commission may investigate whether the proposed rate increase is just and reasonable.
(ii) If the commission determines, after notice and hearing, that the rate increase is unjust or unreasonable in whole or in part, the commission may establish the rates, charges, or classifications that the commission finds to be just and reasonable.
(c) The commission shall investigate and hold a hearing
to determine whether any proposed rate increase is just and
reasonable if 10% or more of the telephone corporation's
potentially affected access line subscribers file a request
for agency action requesting an investigation and hearing.
2002
54-7-12.1 Depreciation expense.
In determining the depreciation expense of a telephone
corporation in any proceeding under Section
54-7-12
, the commission shall consider all relevant
factors, including the alteration of asset lives to better
reflect changes in the economic life of plant and equipment
used to provide telecommunications services. A relevant factor
to consider shall be the asset lives of existing and emerging
competitive telecommunications providers. Nevertheless, the
commission shall retain the authority to determine the depreciation
expense of telecommunications corporations for ratemaking
purposes.
1995
54-7-12.2 Property tax decrease - Rate decrease - Procedure.
(1) A public utility whose property tax liability decreases as a result of the property tax reductions authorized by the Legislature during the 1995 Annual General Session shall:
(a) file new tariffs with the commission on or before May 1, 1995, spreading the amount of the decrease among all classes of its customers on the same basis that property taxes were allocated to each class under the currently effective rates; and
(b) within ten days from the day on which the public utility files new tariffs with the commission under Subsection (1)(a), file with the commission a complete report of the calculation of the amount of the tax decrease and the decrease to each class of the public utility's customers.
(2) The tariffs required to be filed with the commission under Subsection (1)(a) take effect as provided in Subsection 54-7-12 (4)(a).
(3) A public utility that is subject to the gross receipts
tax under Title 59, Chapter 8a, Gross Receipts Tax on Electrical
Corporations Act, is not subject to the requirements of this
section.
1995
54-7-12.6 Energy Policy Task Force - Commission to work with task force.
(1) (a) There is created the Energy Policy Task Force consisting of the following members:
(i) five members of the Senate appointed by the president of the Senate, no more than three of whom may be from the same political party; and
(ii) seven members of the House of Representatives appointed by the speaker of the House of Representatives, no more than five of whom may be from the same political party.
(b) (i) The president of the Senate shall designate a member of the Senate appointed under Subsection (1)(a)(i) as a cochair of the task force.
(ii) The speaker of the House of Representatives shall designate a member of the House of Representatives appointed under Subsection (1)(a)(ii) as a cochair of the task force.
(c) In conducting its business, the task force shall comply with the rules of legislative interim committees.
(d) The task force may meet as often as twice a month, if the chairs determine that the meetings are needed.
(e) Salaries and expenses of the members of the task force shall be paid in accordance with Section 36-2-2 and Legislative Joint Rule 15.03.
(f) The Office of Legislative Research and General Counsel shall provide staff support to the task force.
(2) The task force shall:
(a) study energy needs of the state;
(b) monitor federal and other states' efforts to address energy needs;
(c) study potential Utah, federal, and other states:
(i) conservation efforts;
(ii) demand side management activities;
(iii) activities related to the efficient use of energy; and
(iv) activities related to use of renewable energy resources;
(d) study potential ways the state could develop, facilitate, or promote generation, exploration, or transportation of new energy to serve the needs of the state; and
(e) make recommendations to the Legislature regarding what legislation, if any, is needed to ensure that the energy needs of the state are met.
(3) In addition to the assistance of the commission under Subsection (5), the task force may request assistance from public and private resources as part of its activities.
(4) The task force shall report at least annually to the Public Utilities and Technology Interim Committee.
(5) To assist the task force in the task force's duties
under this section, the commission shall, as directed by
the task force, work with the task force including providing
the task force with reports.
2003
54-7-12.8 Electric energy efficiency and conservation tariff.
(1) As used in this section, "demand side management" means activities or programs that promote electric energy efficiency or conservation or more efficient management of electric energy loads.
(2) As provided in this section, the commission may approve a tariff under which an electrical corporation includes a line item charge on its customers' bills to recover costs incurred by the electrical corporation for demand side management.
(3) Each electrical corporation proposing a tariff under this section shall, before submitting the tariff to the commission for approval, seek and receive input from:
(a) the Division of Public Utilities;
(b) the Committee of Consumer Services; and
(c) other interested parties.
(4) Before approving a tariff under this section, the commission shall hold a hearing if:
(a) requested in writing by the electrical corporation, a customer of the electrical corporation, or any other interested party within 15 days after the tariff filing; or
(b) the commission determines that a hearing is appropriate.
(5) The commission may approve a tariff under this section either with or without a provision allowing an end-use customer to receive a credit against the charges imposed under the tariff for electric energy efficiency measures that:
(a) the customer implements or has implemented at the customer's expense; and
(b) qualify for the credit under criteria established by the Utah Public Service Commission.
(6) In approving a tariff under this section, the commission may impose whatever conditions or limits it considers appropriate, including a maximum annual cost.
(7) Unless otherwise ordered by the commission, each tariff
under this section approved by the commission shall take
effect no sooner than 30 days after the electrical corporation
files the tariff with the commission.
2002
54-7-13 Rescission or amendment of orders or decisions.
(1) The commission may at any time, upon notice to the public utility affected and after opportunity to be heard, rescind, alter, or amend any order or decision made by it.
(2) When served upon the public utility affected, any
order rescinding, altering, or amending a prior order or
decision shall have the same effect as the original order
or decision.
1987
54-7-14 Orders and decisions conclusive on collateral attack.
In all collateral actions or proceedings the orders and
decisions of the commission which have become final shall
be conclusive.
1953
54-7-15 Review or rehearing by commission - Application - Procedure - Prerequisite to court action - Effect of commission decisions.
(1) Before seeking judicial review of the commission's action, any party, stockholder, bondholder, or other person pecuniarily interested in the public utility who is dissatisfied with an order of the commission shall meet the requirements of this section.
(2) (a) After any order or decision has been made by the commission, any party to the action or proceeding, any stockholder, bondholder, or other party pecuniarily interested in the public utility affected may apply for rehearing of any matters determined in the action or proceeding.
(b) An applicant may not urge or rely on any ground not set forth in the application in an appeal to any court.
(c) Any application for rehearing not granted by the commission within 20 days is denied.
(d) (i) If the commission grants any application for rehearing without suspending the order involved, the commission shall issue its decision on rehearing within 20 days after final submission.
(ii) If the commission fails to render its decision on rehearing within 20 days, the order involved is affirmed.
(e) Unless an order of the commission directs that an order is stayed or postponed, an application for review or rehearing does not excuse any corporation or person from complying with and obeying any order or decision of the commission.
(3) Any order or decision on rehearing that abrogates, changes, or modifies an original order or decision has the same force and effect as an original order or decision, but does not affect any right, or the enforcement of any right, arising from the original order or decision unless so ordered by the commission.
(4) An order of the commission, including a decision on rehearing:
(a) shall have binding force and effect only with respect to a public utility that is an actual party to the proceeding in which the order is rendered; and
(b) does not determine any right, privilege, obligation, duty, constraint, burden, or responsibility with respect to a public utility that is not a party to the proceeding in which the order is rendered unless, in accordance with Subsection 63-46a-3 (6), the commission makes a rule that incorporates the one or more principles of law that:
(i) are established by the order;
(ii) are not in commission rules at the time of the order; and
(iii) affect the right, privilege, obligation, duty, constraint,
burden, or responsibility with respect to the public utility.
2003
54-7-17 Stay of commission's order or decision pending appeal.
(1) A petition for judicial review does not stay or suspend the operation of the order or decision of the commission.
(2) (a) The court may stay or suspend, in whole or in part, the operation of the commission's order or decision after at least three days' notice and after a hearing.
(b) If the court stays or suspends the order or decision of the commission, the order shall contain a specific finding, based upon evidence submitted to the court and identified by reference, that:
(i) great or irreparable damage will result to the petitioner absent suspension or a stay of the order; and
(ii) specifies the nature of the damage.
(3) (a) The court's order staying or suspending the decision of the commission is not effective until a supersedeas bond is executed, filed with, and approved by the commission (or approved, on review, by the court).
(b) The bond shall be payable to the state of Utah, and shall be sufficient in amount and security to insure the prompt payment by the party petitioning for the review of:
(i) all damages caused by the delay in the enforcement of the order or decision of the commission; and
(ii) all moneys that any person or corporation is compelled to pay, pending the review proceedings, for transportation, transmission, product, commodity, or service in excess of the charges fixed by the order or decision of the commission.
(c) Whenever necessary to insure the prompt payment of damages and any overcharges, the court may order the party petitioning for a review to give additional security or to increase the supersedeas bond.
(4) (a) When the court stays or suspends the order or decision of the commission in any matter affecting rates, fares, tolls, rentals, charges, or classifications, it shall order the public utility affected to pay into court, or into some bank or trust company paying interest on deposits, all sums of money collected by the public utility that are greater than the sum a person would have paid if the order or decision of the commission had not been stayed or suspended.
(b) (i) Upon the final decision by the court, the public utility shall refund all moneys collected by it that are greater than those authorized by the court's final decision, together with interest if the moneys were deposited in a bank or trust company, to the persons entitled to the refund.
(ii) The commission shall prescribe the methods for distributing the refund.
(c) (i) If any of the refund money has not been claimed within one year from the final decision of the court, the commission shall publish notice of the refund once per week for two successive weeks in a newspaper of general circulation printed and published in the city and county of Salt Lake, and in any other newspapers that the commission designates.
(ii) The notice shall state the names of the persons entitled to the moneys and the amount due each person.
(iii) All moneys not claimed within three months after the publication of the notice shall be paid by the public utility into the General Fund.
(5) When the court stays or suspends any order or decision lowering any rate, fare, toll, rental, charge, or classification, after the execution and approval of the supersedeas bond, the commission shall order the public utility affected to keep accounts, verified by oath, that show:
(a) the amounts being charged or received by the public utility; and
(b) the names and addresses of the persons to whom overcharges
will be refundable.
1987
54-7-18 Preference of actions and proceedings on courts' calendars.
(1) The courts of this state shall consider, hear, and determine all actions and proceedings under this chapter, and all actions and proceedings to which the commission or the state of Utah is a party, in which any question arises under this title or under or concerning any order or decision of the commission before considering, hearing, or determining all other civil causes except election causes.
(2) If the commission requests it, the courts shall grant
the same preference to the commission in any action or proceeding
in which the commission is allowed to intervene.
1987
54-7-19 Valuation of utilities - Procedure - Findings conclusive evidence.
(1) (a) In determining the value, or revaluing the property of a public utility as required by Section 54-4-21 , the commission may hold hearings.
(b) The commission may make a preliminary examination or investigation into the matters designated in this section and in Section 54-4-21 and may inquire into those matters in any other investigation or hearing.
(c) The commission may seek any available sources of information.
(d) (i) The evidence introduced at the hearing shall be reduced to writing and certified under the seal of the commission.
(ii) The findings of the commission, when properly certified under the seal of the commission, are admissible in evidence in any action, proceeding, or hearing before the commission, and before any court as conclusive evidence of the facts as stated.
(e) The commission's findings of facts can be controverted in a subsequent proceeding only by showing a subsequent change in conditions bearing upon the facts.
(2) (a) The commission may hold further hearings and investigations to make revaluations or to determine the value of any betterments, improvements, additions, or extensions made by any public utility.
(b) The commission may examine all matters that may change,
modify, or affect any finding of fact previously made, and
may make additional findings of fact to supplement findings
of fact previously made.
>
1987
54-7-20 Reparations - Courts to enforce commission's orders - Limitation of action.
(1) When complaint has been made to the commission concerning any rate, fare, toll, rental or charge for any product or commodity furnished or service performed by any public utility, and the commission has found, after investigation, that the public utility has charged an amount for such product, commodity or service in excess of the schedules, rates and tariffs on file with the commission, or has charged an unjust, unreasonable or discriminatory amount against the complainant, the commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection.
(2) If the public utility does not comply with the order
for the payment of reparation within the time specified in
such order, suit may be instituted in any court of competent
jurisdiction to recover the same. All complaints concerning
unjust, unreasonable or discriminatory charges shall be filed
with the commission within one year, and those concerning
charges in excess of the schedules, rates and tariffs on
file with the commission shall be filed with the commission
within two years, from the time such charge was made, and
all complaints for the enforcement of any order of the commission
shall be filed in court within one year from the date of
such order. The remedy in this section provided shall be
cumulative and in addition to any other remedy or remedies
under this title in case of failure of a public utility to
obey an order or decision of the commission.
1953
54-7-21 Commission charged with enforcing laws - Attorney general to aid.
The commission shall see that the provisions of the Constitution
and statutes of this state affecting public utilities, the
enforcement of which is not specifically vested in some other
officer or tribunal, are enforced and obeyed, and that violations
thereof are promptly prosecuted and penalties due the state
therefor recovered and collected; and to this end it may
sue in the name of the state of Utah. Upon request of the
commission, it shall be the duty of the attorney general
to aid in any investigation, hearing or trial under the provisions
of this title and to institute and prosecute actions or proceedings
for the enforcement of the provisions of the Constitution
and statutes of this state affecting public utilities and
for the punishment of all violations thereof.
1971
54-7-23 Penalties.
(1) This title shall not have the effect to release or waive any right of action by the state, the commission or any person for any right, penalty or forfeiture, which may have arisen or accrued or may hereafter arise or accrue under any law of this state.
(2) All penalties accruing under this title shall be cumulative
and a suit for the recovery of one penalty shall not be a
bar to or affect the recovery of any other penalty or forfeiture,
or be a bar to any criminal prosecution against any public
utility, or any officer, director, agent or employee thereof,
or any other corporation or person, or be a bar to the exercise
by the commission of its power to punish for contempt.
1953
54-7-24 Injunction to stop violations or threatened violations.
Whenever the commission, or the Department of Transportation
where the safety of public carriers is involved, shall be
of the opinion that any public utility is failing or omitting,
or is about to fail or omit, to do anything required of it
by law, or by any order, decision, rule, direction or requirement
of the commission, or where applicable, the department, or
is doing anything, or is about to do anything, or is permitting
anything, or is about to permit anything, to be done, contrary
to or in violation of law or of any order, decision, rule,
direction or requirement of the commission or department,
it shall direct the commencement of an action or proceeding
in the name of the state, for the purpose of having such
violations or threatened violations stopped or prevented.
1975
54-7-25 Violations by utilities - Penalty.
(1) Any public utility that violates or fails to comply with this title or any rule or order issued under this title, in a case in which a penalty is not otherwise provided for that public utility, is subject to a penalty of not less than $500 nor more than $2,000 for each offense.
(2) Any violation of this title or any rule or order of the commission by any corporation or person is a separate and distinct offense. In the case of a continuing violation, each day's continuance of the violation shall be a separate and distinct offense.
(3) In construing and enforcing the provisions of this
title relating to penalties, the act, omission, or failure
of any officer, agent, or employee of any public utility
acting within the scope of his official duties or employment
shall in each case be deemed to be the act, omission, or
failure of that public utility.
1989
54-7-26 Violations by officers or agents of utility - Penalty.
Every officer, agent, or employee of any public utility
who violates or fails to comply with, or who procures, aids,
or abets any violation by any public utility of any provision
of the Constitution of this state or of this title, or who
fails to obey, observe, or comply with any order, decision,
rule, direction, demand, or requirement, or any part or provision
thereof, of the commission, or who procures, aids, or abets
any public utility in its failure to obey, observe, and comply
with any order, decision, rule, direction, demand, or requirement,
or any part or provision thereof, in a case in which a penalty
has not been provided for, the officer, agent, or employee
is guilty of a class A misdemeanor.
1986
54-7-27 Violations by corporations other than utilities - Penalty.
Every corporation, other than a public utility, which
violates any provision of this title, or which fails to obey,
observe or comply with any order, decision, rule, direction,
demand or requirement, or any part or provision thereof,
of the commission, in a case in which a penalty has not hereinbefore
been provided for such corporation, is subject to a penalty
of not less than $500 nor more than $2,000 for each and every
offense.
1953
54-7-28 Violations by individuals - Penalty.
Every person who, either individually, or acting as an
officer, agent, or employee of a corporation other than a
public utility, violates any provision of this title or fails
to observe, obey, or comply with any order, decision, rule,
direction, demand, or requirement, or any part or provision
thereof, of the commission, or who procures, aids, or abets
any public utility in its violation of this title or in its
failure to obey, observe, or comply with any order, decision,
rule, direction, demand, or requirement, or any part or portion
thereof, in a case in which a penalty has not been provided
for the person, is guilty of a class A misdemeanor.
1986
54-7-29 Actions to recover fines and penalties.
Actions to recover penalties under this title shall be
brought in the name of the state of Utah. In any such action
all penalties incurred up to the time of commencing the same
may be sued for and recovered. All fines and penalties recovered
by the state in any such action, together with cost thereof,
shall be paid into the state treasury to the credit of the
General Fund. Any such action may be compromised or discontinued
on application of the commission upon such terms as the court
shall approve and order.
1953
54-7-30 Interstate commerce - Title does not apply.
Neither this title nor any provisions thereof, except
when specifically so stated, shall apply to or be construed
to apply to commerce with foreign nations or commerce among
the several states of this Union, except insofar as the same
may be permitted under the provisions of the Constitution
of the United States and the acts of Congress.
1953
