Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 54. Table of Contents]
54-1-1 Establishment of commission - Functions.
The Public Service Commission of Utah is established as
an independent agency. The Public Service Commission is charged
with discharging the duties and exercising the legislative,
adjudicative, and rule-making powers committed to it by law
and may sue and be sued in its own name.
1983
54-1-1.5 Appointment of members - Terms - Qualifications - Chairman - Quorum - Removal - Vacancies - Compensation.
The commission shall be composed of three members appointed
by the governor with the consent of the Senate. The terms
of the members shall be staggered so that one commissioner
is appointed for a term of six years on March 1 of each odd-numbered
year. Not more than two members of the commission shall belong
to the same political party. One member of the commission
shall be designated by the governor as chairman of the commission.
Any two commissioners constitute a quorum. Any member of
the commission may be removed for cause by the governor.
Vacancies in the commission shall be filled for unexpired
terms by appointment of the governor. Commissioners shall
receive compensation as established by the governor within
the salary range fixed by the Legislature in Title 67, Chapter
22, State Officer Compensation, and all actual and necessary
expenses incurred in attending to official business. Each
commissioner at the time of appointment and qualification
shall be a resident citizen of the United States and of the
state of Utah and shall be not less than 30 years of age.
Except as provided by law, no commissioner may hold any other
office either under the government of the United States or
of this state or of any municipal corporation within this
state.
2002
54-1-1.6 Pro tempore commissioner - Appointment - Qualifications.
(1) If a commissioner is temporarily disabled or is disqualified from sitting as a commissioner, the governor may appoint a commissioner pro tempore according to the procedures and requirements of Section 67-1-1.5 .
(2) Any person appointed as a commissioner pro tempore shall possess the qualifications required for public service commissioners in Section 54-1-1.5 and have previous utility regulatory experience or other comparable professional experience.
(3) The governor may appoint a retired or resigned public
service commissioner as a commissioner pro tempore in order
to render findings, orders, or decisions on matters which
the retired or resigned commissioner had fully heard before
the commissioner's retirement or resignation.
2002
54-1-2 Powers and duties.
The Public Service Commission shall succeed to all powers
and discharge all duties and perform all the functions which
by existing and continuing law are conferred upon and required
to be discharged or performed by the Public Utilities Commission
of Utah. Whenever any existing and continuing law refers
to or names the Public Utilities Commission of Utah or any
officer, agent, or employee of such commission, the same
shall be construed to mean, refer to, and name the Public
Service Commission of Utah or the corresponding officer,
agent, or employee of such Public Service Commission; provided,
however, that the Department of Transportation shall have
jurisdiction over those safety functions transferred to it
by the Department of Transportation Act.
1987
54-1-2.5 Procedures - Adjudicative proceedings.
Except as specifically provided to the contrary in Chapter
7, the commission shall comply with the procedures and requirements
of Title 63, Chapter 46b, in its adjudicative proceedings.
1987
54-1-3 Transaction of business by commissioners - Quorum - Proceedings by less than majority or administrative law judge - Effect of actions.
(1) A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission. Any action taken by a majority of the commission shall be deemed the action of the commission. Any vacancy in the commission shall not impair the right of the remaining commissioners to exercise all the powers of the commission so long as a majority of the commission remains. The commission may hold hearings at any time or place within or without the state.
(2) The following proceedings shall be heard by at least a majority of the commissioners:
(a) General rate proceedings to establish rates for public utilities which have annual revenues generated from Utah utility service in excess of $200,000,000; or
(b) Any proceeding which the commission determines involves an issue of significant public interest.
If a commission proceeding requiring a majority has commenced and the unavoidable absence of one or more commissioners results in less than a majority being available to continue the proceeding, the proceeding may continue before a single commissioner or specified administrative law judge only upon agreement of the involved public utility and, if it is a party, the Division of Public Utilities.
(3) Any other investigation, inquiry, hearing or proceeding which the commission has power to undertake may be conducted before less than a majority of the commission or before an administrative law judge appointed by the commission.
(4) All proceedings conducted before less than a majority
of the commission or before an administrative law judge shall
be deemed proceedings of the commission and the findings,
orders, and decisions made by less than a majority of the
commission or by an administrative law judge, when approved
and confirmed by the commission and filed in its office,
shall be deemed findings, orders, and decisions of the commission
and shall have the same effect as if originally made by the
commission.
1983
54-1-4 Official seal.
The commission shall adopt and use an official seal with
the words "Public Service Commission of Utah" and such other
designations as the commission may prescribe engraved thereon;
by which seal it shall authenticate its acts, orders, and
proceedings; and of which seal the courts of this state shall
take judicial notice. An impression of such seal shall be
filed with the Division of Archives.
1984
54-1-5 Office and office hours.
The office of the commission shall be at the state capital
in such rooms in the capitol or in such other public building
as shall be assigned to it, and such office shall be open
for business between the hours of 9 a.m. and 5 p.m. each
business day in the year; one or more responsible persons,
to be designated by the commission or by the secretary under
the direction of the commission, shall be on duty at such
times in immediate charge thereof.
1953
54-1-6 Employment of staff - Status and compensation - Employees not to be parties or witnesses and may not appeal commission decisions.
(1) The annual budget of the Public Service Commission shall provide sufficient funds for the commission to hire, develop, and organize an advisory staff to assist the commission in performing the powers, duties, and functions committed to it by statute.
(a) The commission may hire:
(i) economists, accountants, engineers, statisticians, lawyers, law clerks, and other professional and technical experts;
(ii) court reporters, transcribers of tape recordings, clerks, secretaries, and other administrative and support staff;
(iii) additional experts as required for a particular matter; and
(iv) administrative law judges, who shall be members of the Utah State Bar, and constitute a separate organizational unit reporting directly to the commission.
(b) The commission may provide for funds in the annual budget to acquire suitable electronic recording equipment to maintain a verbatim record of proceedings before the commission, any commissioner, or any administrative law judge.
(2) (a) With the exception of clerical workers in nonconfidential positions, all staff of the Public Service Commission are exempt employees under the State Personnel Management Act and serve at the pleasure of the commission.
(b) Administrative law judges are exempt employees under the State Personnel Management Act and may only be removed from office upon due notice and by a unanimous vote of the commission.
(c) (i) The Department of Human Resource Management shall determine pay schedules using standard techniques for determining compensation.
(ii) The Department of Human Resource Management may make its compensation determinations based upon compensation practices common to utility companies throughout the United States.
(3) (a) The staff or other employees of the commission may not appear as parties or witnesses in any proceeding before the commission, any commissioner, or any administrative law judge.
(b) The staff or other employees of the commission may
not appeal any finding, order, or decision of the commission.
2006
54-1-6.5 Executive staff director - Appointment - Functions.
The commission shall appoint an executive staff director,
who shall serve at the pleasure of the commission and shall
supervise and coordinate staff functions, assist the chairman
of the commission with administrative duties, and perform
any other duties the commission may direct.
1983
54-1-7 Secretary of commission - Appointment - Functions.
The commission may appoint a secretary of the commission,
who shall serve at the pleasure of the commission. It shall
be the duty of the secretary to keep a full and true record
of all the proceedings of the commission and of all determinations,
rulings and orders made by the commission, or by any of the
commissioners, and of the approval and confirmation by the
commission of the determinations, rulings and orders made
by individual commissioners or administrative law judges.
The secretary shall be the custodian of the records of the
commission, and shall file and preserve at its general office
all books, profiles, tariffs, schedules, reports, maps and
documents, and all papers whatsoever filed with it or entrusted
to its care, and the secretary shall be responsible to the
commission for the custody thereof. Under the direction of
the commission the secretary shall superintend its clerical
business, conduct its correspondence, give notice of all
hearings, determinations, rulings and orders of the commission,
prepare for service papers and notices required by the commission,
and perform other duties the commission may prescribe. The
secretary shall have power to administer oaths in all parts
of the state in all proceedings by or before the commissioners
and in all cases or matters pertaining to the duties of the
office of secretary. In the absence of the secretary, the
commission may designate another individual to perform the
secretary's duties.
1983
54-1-7.5 Adoption of internal organization measures.
The commission shall have authority to adopt internal
organizational measures to effectuate efficiency and economy
in the management and operations of the commission.
1983
54-1-8 Expenses of commission.
The Public Service Commission shall be provided by the
state with such offices, equipment and facilities as may
be proper and necessary for the performance of its duties.
All necessary expenses of the commission including salaries
of the secretary, and the compensation of all other persons
employed by the commission, and all expenses of every kind
incurred in the administration of this title shall be paid
from the funds appropriated for the use of the commission
after being approved by the commission upon claims therefor
to be duly audited by the proper authority. The commissioners
and secretary and such clerks, experts, attorneys and other
subordinates as may be employed by it, shall be entitled
to receive their necessary traveling expenses for authorized
travel on business of the commission.
1953
54-1-10 Conservation planning - Annual reports.
The Public Service Commission shall engage in long-range
planning regarding public utility regulatory policy in order
to facilitate the well-planned development and conservation
of utility resources. The commission shall make and submit
to the governor and the Legislature an annual report containing
a full and complete account of the transactions of its office,
together with any facts, suggestions and recommendations
it may deem necessary. The Division of Public Utilities shall
provide any assistance the commission may require in the
preparation of the annual report. The report shall be made
and submitted by October 1 of each year or as soon after
as may be feasible and shall be published as are the reports
of other departments of the state.
1983
54-1-11 Prohibited interests, relationships and actions by commissioners and employees.
(1) No person employed as a commissioner or as personnel of the commission shall, while so employed:
(a) Have any pecuniary interest, whether as the holder of stock or other securities, or otherwise have any conflict of interest with any public utility or other entity subject to the jurisdiction of the commission;
(b) Have any office, position or relationship, or be engaged in any business or avocation which interferes or is incompatible with the effective and objective fulfillment of the duties of office or employment with the commission;
(c) Accept any gift, gratuity, emolument or employment from any public utility or other entity subject to the jurisdiction of the commission or from any other officer, agent, or employee thereof; or
(d) Solicit, suggest, request, or recommend, directly or indirectly, the appointment of any person or entity to any office or employment with any public utility or other entity subject to the jurisdiction of the Public Service Commission.
(2) No officer, agent, attorney, or employee of any public
utility shall directly or indirectly solicit, request, or
recommend to the governor, any state senator, the commission,
or the Division of Public Utilities the appointment of any
person as a commissioner or as executive director of the
commission, or the appointment of any person to any commission
staff position.
1983
54-1-12 Deposit of funds with state treasurer.
All money collected by the commission under any provision
of this title shall be deposited without deduction in the
state treasury on or before the 15th day of each month next
succeeding the month in which the same was received, accompanied
by a statement showing the date received, from whom received,
on what account the same was received and the amount thereof.
A duplicate statement shall be delivered by the commission
to the state auditor and the state treasurer shall give his
receipt for the money received and deliver a duplicate thereof
to the state auditor.
1983
