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H.B. 320
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PUBLIC UTILITY AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David Ure
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AN ACT RELATING TO PUBLIC UTILITIES; SPECIFYING THE DUTIES OF THE PUBLIC
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SERVICE COMMISSION; CREATING AND PRESCRIBING DUTIES OF THE OFFICE OF
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THE PUBLIC ADVOCATE AND THE ADVISORY BOARD; REPEALING SECTIONS
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RELATING TO THE DIVISION OF PUBLIC UTILITIES AND THE COMMITTEE OF
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CONSUMER SERVICES; PRESCRIBING A BALANCING TEST FOR THE
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DETERMINATION OF WHAT IS JUST AND REASONABLE AND IN CARRYING OUT
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DUTIES; ENACTING AND MODIFYING PROVISIONS FOR INFORMAL AND
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EXPEDITIOUS RESOLUTION OF ISSUES; CLARIFYING THE COMMISSION'S USE OF A
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TEST YEAR IN RATE CASES; AMENDING THE PROCEDURE FOR RECOVERING
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CERTAIN FUEL AND ENERGY COSTS; REPLACING THE UTILITY GROSS PROCEEDS
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FEE WITH THE UTILITY REGULATION TAX; MAKING TECHNICAL CHANGES;
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PROVIDING AN EFFECTIVE DATE; AND PROVIDING A PROCEDURE FOR THE
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TRANSITION PERIOD.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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13-1-2, as last amended by Chapter 313, Laws of Utah 1994
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54-1-1, as last amended by Chapter 246, Laws of Utah 1983
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54-1-3, as last amended by Chapter 246, Laws of Utah 1983
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54-1-6, as last amended by Chapters 101 and 122, Laws of Utah 1988
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54-1-6.5, as enacted by Chapter 246, Laws of Utah 1983
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54-1-7, as last amended by Chapter 246, Laws of Utah 1983
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54-1-10, as last amended by Chapter 246, Laws of Utah 1983
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54-1-11, as enacted by Chapter 246, Laws of Utah 1983
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54-3-1, as last amended by Chapter 206, Laws of Utah 1977
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54-3-21, Utah Code Annotated 1953
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54-4-1.1, as enacted by Chapter 50, Laws of Utah 1984
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54-4-4, as last amended by Chapter 166, Laws of Utah 1975
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54-7-1, as last amended by Chapter 161, Laws of Utah 1987
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54-7-1.5, as enacted by Chapter 246, Laws of Utah 1983
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54-7-12, as last amended by Chapter 170, Laws of Utah 1996
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54-7-15, as last amended by Chapter 161, Laws of Utah 1987
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54-8b-13, as enacted by Chapter 141, Laws of Utah 1990
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54-8b-17, as enacted by Chapter 96, Laws of Utah 1998
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54-8b-18, as enacted by Chapter 113, Laws of Utah 1999
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67-1-13, as enacted by Chapter 307, Laws of Utah 1999
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ENACTS:
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54-1-6.7, Utah Code Annotated 1953
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54-4-37, Utah Code Annotated 1953
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54-5a-1, Utah Code Annotated 1953
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54-5a-2, Utah Code Annotated 1953
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54-5a-3, Utah Code Annotated 1953
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54-5a-4, Utah Code Annotated 1953
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54-7-11.5, Utah Code Annotated 1953
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54-10a-1, Utah Code Annotated 1953
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54-10a-2, Utah Code Annotated 1953
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54-10a-3, Utah Code Annotated 1953
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54-10a-4, Utah Code Annotated 1953
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54-10a-5, Utah Code Annotated 1953
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54-10a-6, Utah Code Annotated 1953
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54-10a-7, Utah Code Annotated 1953
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54-10a-8, Utah Code Annotated 1953
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REPEALS:
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54-4-1.5, as enacted by Chapter 246, Laws of Utah 1983
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54-4a-1, as last amended by Chapter 225, Laws of Utah 1989
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54-4a-2, as last amended by Chapter 225, Laws of Utah 1989
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54-4a-3, as last amended by Chapter 122, Laws of Utah 1988
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54-4a-4, as enacted by Chapter 246, Laws of Utah 1983
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54-4a-5, as enacted by Chapter 246, Laws of Utah 1983
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54-4a-6, as enacted by Chapter 246, Laws of Utah 1983
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54-5-1.5, as last amended by Chapter 170, Laws of Utah 1996
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54-5-2, as last amended by Chapter 214, Laws of Utah 1993
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54-5-3, as last amended by Chapter 214, Laws of Utah 1993
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54-5-4, Utah Code Annotated 1953
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54-8b-12, as last amended by Chapter 122, Laws of Utah 1997
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54-10-1, as enacted by Chapter 54, Laws of Utah 1977
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54-10-2, as last amended by Chapter 243, Laws of Utah 1996
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54-10-3, as last amended by Chapter 243, Laws of Utah 1996
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54-10-4, as enacted by Chapter 54, Laws of Utah 1977
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54-10-4.5, as enacted by Chapter 216, Laws of Utah 1981
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54-10-5, as last amended by Chapters 20 and 215, Laws of Utah 1995
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54-10-6, as enacted by Chapter 54, Laws of Utah 1977
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54-10-7, as last amended by Chapter 20, Laws of Utah 1995
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This act enacts uncodified material.
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
13-1-2
is amended to read:
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13-1-2. Creation and functions of department -- Divisions created -- Fees.
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(1) (a) There is created the Department of Commerce.
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(b) The department shall execute and administer state laws regulating business activities
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and occupations affecting the public interest.
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(2) Within the department the following divisions are created:
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(a) the Division of Occupational and Professional Licensing;
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(b) the Division of Real Estate;
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(c) the Division of Securities;
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(d) the [Division of Public Utilities] Office of the Public Advocate;
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(e) the Division of Consumer Protection; and
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(f) the Division of Corporations and Commercial Code.
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(3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees
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assessed for services provided by the department by following the procedures and requirements
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of Section
63-38-3.2
.
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(b) The department shall submit each fee established in this manner to the Legislature for
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its approval as part of the department's annual appropriations request.
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(c) (i) All fees collected by each division and by the department shall be deposited in a
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restricted account within the General Fund known as the Commerce Service Fund.
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(ii) At the end of each fiscal year, the director of the Division of Finance shall transfer into
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the General Fund any fee collections that are greater than the department's legislative appropriation
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for that year.
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(d) The department may not charge or collect any fee nor expend monies from this fund
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without approval by the Legislature.
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Section 2.
Section
54-1-1
is amended to read:
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54-1-1. Establishment of commission -- Functions.
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(1) The Public Service Commission [of Utah] is established as an independent agency. The
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[Public Service] commission is charged with discharging the duties and exercising the legislative,
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adjudicative, and rulemaking powers committed to it by law and may sue and be sued in its own
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name.
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(2) In the discharge of its duties under this title, the commission shall balance the interests
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of:
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(a) consumers of public utility services in the state; and
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(b) public utilities providing services in the state.
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(3) The commission shall objectively balance the interests of consumers and public
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utilities in a manner that will insure that:
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(a) consumers obtain safe, efficient, and reliable utility services at a fair price; and
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(b) prices for utility services are sufficient to:
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(i) assure confidence in the financial integrity and well-being of the public utility; and
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(ii) yield returns to equity holders commensurate with returns on investments in other
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business enterprises having corresponding risks.
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(4) In balancing the interests of consumers and public utilities, the commission:
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(a) shall resolve matters subject to its jurisdiction promptly, fairly, and, if possible, in a
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nonadversarial manner; and
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(b) may consider the following:
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(i) promoting the safe, healthy, economic, efficient, and reliable operation of public
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utilities and their services, instrumentalities, equipment, and facilities;
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(ii) providing reasonable classifications, rules, regulations, practices, and service of public
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utilities;
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(iii) making the regulatory process as simple and understandable as possible so that it is:
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(A) acceptable to the public;
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(B) feasible, expeditious, and efficient to apply; and
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(C) designed to minimize controversies over interpretation and application;
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(iv) promoting efficient management and operation of public utilities;
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(v) providing for fair apportionment of public utility charges among customer categories
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and individual customers and preventing undue discrimination in rate relationships;
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(vi) promoting stability in prices for customers and financial stability for utilities from year
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to year;
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(vii) protecting against wasteful use of public utility services;
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(viii) providing methods of reducing wide periodic variations in the demand for products,
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commodities, or services; and
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(ix) encouraging conservation of resources and energy.
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(5) When applying a just and reasonable standard in the performance of its duties under
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this title, the commission shall balance the interests of consumers and the public utility as
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prescribed in this section.
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(6) If any provision in this section, Subsection
54-1-6
(5), Subsection
54-1-6.5
(2),
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Subsection
54-3-1
(4), or Section
54-10a-6
conflicts with Title 54, Chapter 8b, Public
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Telecommunications Law, then the provisions in Title 54, Chapter 8b, Public Telecommunications
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Law, shall control.
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Section 3.
Section
54-1-3
is amended to read:
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54-1-3. Transaction of business by commissioners -- Quorum -- Proceedings by less
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than majority or administrative law judge -- Effect of actions.
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(1) (a) A majority of the commissioners shall constitute a quorum for:
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(i) the transaction of any business[, for];
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(ii) the performance of any duty; or [for]
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(iii) the exercise of any power of the commission.
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(b) Any action taken by a majority of the commission shall be [deemed] considered the
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action of the commission. [Any]
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(c) A vacancy in the commission [shall] does not impair the right of the remaining
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commissioners to exercise [all] the powers of the commission [so long as] if a majority of the
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commission remains.
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(d) The commission may hold hearings at any time or place within or without the state.
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(2) [The] (a) Except as provided in Subsection (2)(b), the following proceedings shall be
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heard by [at least] a majority of the commissioners:
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[(a) General] (i) general rate proceedings to establish rates for public utilities [which] that
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have annual revenues generated from Utah utility service in excess of $200,000,000; or
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[(b) Any] (ii) any proceeding which the commission determines involves an issue of
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significant public interest.
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(b) If a commission proceeding requiring a majority has commenced and the unavoidable
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absence of one or more commissioners results in less than a majority being available to continue
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the proceeding, the proceeding may continue before a single commissioner or specified
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administrative law judge only upon agreement of the involved public utility and, if it is a party, the
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[Division of Public Utilities] Office of the Public Advocate.
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(3) Any other investigation, inquiry, hearing, or proceeding which the commission has
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power to undertake may be conducted before less than a majority of the commission or before an
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administrative law judge appointed by the commission.
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(4) [All proceedings] (a) Any proceeding conducted before less than a majority of the
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commission or before an administrative law judge shall be [deemed proceedings] considered a
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proceeding of the commission; and
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(b) the findings, orders, and decisions made by less than a majority of the commission or
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by an administrative law judge, when approved and confirmed by the commission and filed in its
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office, shall be [deemed] considered findings, orders, and decisions of the commission and shall
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have the same effect as if originally made by the commission.
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Section 4.
Section
54-1-6
is amended to read:
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54-1-6. Employment of staff -- Status and compensation -- Employees not to be
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parties or witnesses and may not appeal commission decisions.
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(1) (a) The annual budget of the [Public Service] commission shall provide sufficient
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funds for the commission to hire, develop, and organize an advisory staff to assist the commission
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in performing the powers, duties, and functions committed to it by statute.
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[(a)] (b) The commission may hire:
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(i) economists, accountants, engineers, statisticians, lawyers, law clerks, and other
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professional and technical experts;
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(ii) court reporters, transcribers of tape recordings, clerks, secretaries, and other
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administrative and support staff;
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(iii) additional experts as required for a particular matter; and
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(iv) administrative law judges, who shall be members of the Utah State Bar, and constitute
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a separate organizational unit reporting directly to the commission.
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[(b)] (c) The commission may provide for funds in the annual budget to acquire suitable
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electronic recording equipment to maintain a verbatim record of [proceedings] hearings before the
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commission, any commissioner, or any administrative law judge.
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(2) (a) With the exception of clerical workers in nonconfidential positions, all staff of the
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[Public Service] commission are exempt employees under [the] Title 67, Chapter 19, Utah State
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Personnel Management Act, and serve at the pleasure of the chair of the commission.
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(b) Administrative law judges are exempt employees under [the] Title 67, Chapter 19,
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Utah State Personnel Management Act, and may only be removed from office upon due notice and
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by a unanimous vote of the commission.
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(c) (i) The Department of Human Resource Management shall determine pay schedules
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using standard techniques for determining compensation.
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(ii) The Department of Human Resource Management may make its compensation
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determinations based upon compensation practices common to utility companies throughout the
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United States.
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(3) (a) [The staff or other employees of the commission may not] Except as otherwise
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provided in this title, no member of the commission's staff or other commission employee may
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appear as [parties] a party or [witnesses] witness in any proceeding before the commission, any
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commissioner, or any administrative law judge.
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(b) The commission's staff or [other] employees [of the commission] may not apply for
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a rehearing of or appeal any finding, order, or decision of the commission.
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(4) The commission may, with respect to any matter within its jurisdiction, direct the
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commission staff to:
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(a) conduct research, studies, and investigations;
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(b) provide information, documents, or records to the commission;
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(c) make recommendations regarding public utility regulations, policy, and long-range
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planning on matters within the commission's jurisdiction;
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(d) assess the impact of utility rate changes;
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(e) receive and review consumer complaints regarding matters within the commission's
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jurisdiction;
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(f) review proposals or applications filed with the commission; and
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(g) assist the commission in facilitating the resolution of matters brought before the
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commission under Section
54-7-11.5
.
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(5) In performing its duties, the commission staff shall balance the interests of consumers
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and public utilities in the same manner as the commission is directed in Section
54-1-1
.
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Section 5.
Section
54-1-6.5
is amended to read:
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54-1-6.5. Executive staff director -- Appointment -- Functions.
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(1) The chair of the commission shall appoint an executive staff director, who shall:
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(a) serve at the pleasure of the [commission and shall] chair;
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(b) supervise and coordinate staff functions[,];
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(c) assist the [chairman of the commission] chair with administrative duties[,]; and
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(d) perform any other duties the commission may direct.
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(2) In performing his or her duties, the executive staff director shall balance the interests
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of consumers and public utilities in the same manner as the commission is directed in Section
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54-1-1
.
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Section 6.
Section
54-1-6.7
is enacted to read:
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54-1-6.7. Investigations, audits -- Notice -- Adjudicative proceeding.
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(1) Any investigation, study, audit, inspection, action, or request for discovery of
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information pursuant to this title, shall be preceded by reasonable advance notice to the person or
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entity against whom an investigation, study, audit, inspection, enforcement, or discovery is sought.
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(2) The person or entity under Subsection (1) may require that an adjudicative proceeding
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be commenced prior to the initiation of an investigation, study, audit, inspection, action, or
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discovery by commission staff.
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Section 7.
Section
54-1-7
is amended to read:
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54-1-7. Secretary of commission -- Appointment -- Functions.
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(1) The chair of the commission [may] shall appoint a secretary of the commission, who
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shall serve at the pleasure of the [commission] chair.
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(2) It shall be the duty of the secretary to keep a full and true record of [all]:
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(a) the adjudicative proceedings of the commission [and of all];
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(b) determinations, rulings, and orders made by the commission, or by any of the
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commissioners[,]; and [of]
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(c) the approval and confirmation by the commission of the determinations, rulings, and
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orders made by individual commissioners or administrative law judges.
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(3) The secretary shall:
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(a) be the custodian of the records of the commission[, and shall];
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(b) file and preserve at its general office [all] any books, profiles, tariffs, schedules,
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reports, maps [and], documents, and [all] papers [whatsoever] filed with [it] the commission or
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entrusted to its care[,]; and [the secretary shall]
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(c) be responsible to the commission for the custody [thereof] of the items specified in
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Subsection (3)(b).
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(4) Under the direction of the commission, the secretary shall:
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(a) superintend its clerical business[,];
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(b) conduct its correspondence[,];
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(c) give notice of [all] hearings, determinations, rulings, and orders of the commission[,];
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(d) prepare for service papers and notices required by the commission[,]; and
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(e) perform other duties the commission may prescribe.
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(5) The secretary [shall have power to] may administer [oaths] an oath in [all parts] any
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part of the state in [all proceedings]:
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(a) any proceeding by or before the commissioners [and]; or
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(b) in [all cases] any case or [matters] matter pertaining to the duties of the office of
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secretary.
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(6) In the absence of the secretary, the [commission] chair may designate another
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individual to perform the secretary's duties.
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Section 8.
Section
54-1-10
is amended to read:
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54-1-10. Conservation planning -- Annual reports.
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(1) The [Public Service] commission shall engage in long-range planning regarding public
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utility regulatory policy in order to facilitate the well-planned development and conservation of
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utility resources.
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(2) (a) The commission shall make and submit to the governor and the Legislature an
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annual report containing a full and complete account of the transactions of its office, together with
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any facts, suggestions, and recommendations it [may deem] considers necessary.
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(b) The [Division of Public Utilities] Office of the Public Advocate shall provide any
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assistance the commission may require in the preparation of the annual report.
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(c) The report shall be made and submitted by October 1 of each year, or as soon after as
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may be feasible, and shall be published as are the reports of other departments of the state.
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Section 9.
Section
54-1-11
is amended to read:
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54-1-11. Prohibited interests, relationships, and actions by commissioners and
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employees.
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(1) No person employed as a commissioner or as personnel of the commission shall, while
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so employed:
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(a) have any direct pecuniary interest, whether as the holder of stock or other securities,
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or otherwise have any conflict of interest with any public utility or other entity subject to the
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jurisdiction of the commission;
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(b) have any office, position, or relationship, or be engaged in any business or avocation
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which interferes or is incompatible with the effective and objective fulfillment of the duties of
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office or employment with the commission;
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(c) accept any gift, gratuity, emolument, or employment in violation of Title 67, Chapter
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16, Utah Public Officers' and Employees' Ethics Act, from any public utility or other entity subject
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to the jurisdiction of the commission or from any other officer, agent, or employee thereof; or
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(d) solicit, suggest, request, or recommend, directly or indirectly, the appointment of any
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person or entity to any office or employment with any public utility or other entity subject to the
306
jurisdiction of the [Public Service] commission.
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(2) No officer, agent, attorney, or employee of any public utility or other entity subject to
308
the jurisdiction of the commission shall [directly or indirectly solicit, request, or recommend to the
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governor, any state senator, the commission, or the Division of Public Utilities the appointment
310
of any person as a commissioner or as executive director of the commission, or the appointment
311
of any person to any commission staff position] offer to any member of the commission or its
312
personnel, any gift, gratuity, emolument, or employment that the member of the commission or
313
its personnel are prohibited from accepting under Title 67, Chapter 16, Utah Public Officers' and
314
Employees' Ethics Act.
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Section 10.
Section
54-3-1
is amended to read:
316
54-3-1. Charges must be just, service adequate, rules reasonable.
317
[All charges] (1) (a) Each charge made, demanded, or received by any public utility[, or
318
by any two or more public utilities,] for any product or commodity furnished or to be furnished,
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or for any service rendered or to be rendered, shall be just and reasonable. [Every]
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(b) Any unjust or unreasonable charge made, demanded, or received for [such] a product
321
[or], commodity, or service specified in Subsection (1)(a) is [hereby] prohibited [and declared
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unlawful. Every].
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(2) Each public utility shall furnish, provide, and maintain [such] service,
324
instrumentalities, equipment, and facilities [as] that:
325
(a) will promote the safety, health, comfort, and convenience of its patrons, employees,
326
and the public[, and as will]; and
327
(b) be in all respects adequate, efficient, just and reasonable. [All rules and regulations]
328
(3) Each rule or regulation made by a public utility affecting or pertaining to its charges
329
or service to the public shall be just and reasonable. [The scope of definition "just and reasonable"
330
may include, but shall not be limited to, the cost of providing service to each category of customer,
331
economic impact of charges on each category of customer, and on the well-being of the state of
332
Utah; methods of reducing wide periodic variations in demand of such products, commodities or
333
services, and means of encouraging conservation of resources and energy.]
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(4) The application of a just and reasonable standard to the charges, service,
335
instrumentalities, equipment, facilities, rules, and regulations of a public utility shall be consistent
336
with the balancing of interests as prescribed in Section
54-1-1
.
337
Section 11.
Section
54-3-21
is amended to read:
338
54-3-21. Commission to be furnished information and copies of records --
339
Adjudicative hearings before commission to be public -- Privilege.
340
(1) [Every] Each public utility shall:
341
(a) furnish to the commission, in [such] the form and [such] with the detail as the
342
commission [shall] may prescribe [all], any tabulations [and], computations, and [all] other
343
information required by it to carry into effect any of the provisions of this title[,]; and [shall]
344
(b) make specific answers to [all questions] any question submitted by the commission.
345
(2) [Every] Each public utility receiving from the commission any [blanks] document with
346
directions to [fill the same] provide information shall [cause the same to be properly filled so as
347
to answer] respond to each information request fully and correctly [each question propounded
348
therein; in case]. If it is unable to answer any question, it shall give a good and sufficient reason
349
for [such] the failure.
350
(3) [Whenever] When required by the commission [every], each public utility shall deliver
351
to the commission:
352
(a) copies of any [or all] maps, profiles, contracts, agreements, franchises, reports, books,
353
accounts, papers [and], or records:
354
(i) in its possession [or];
355
(ii) in any way relating to its property; or
356
(iii) affecting its business[, and also]; or
357
(b) a complete inventory of [all] its property in [such] the form as the commission may
358
direct.
359
(4) [Hearings] (a) Adjudicative hearings or adjudicative proceedings of the commission
360
or of any commissioner shall be open to the public[, and all].
361
(b) Except as provided in Subsection (4)(c), records of [all] adjudicative hearings [or],
362
adjudicative proceedings [or], and orders, rules [or], and investigations by the commission or any
363
commissioner shall be at all times open to the public[; provided, that any].
364
(c) Any information furnished the commission by a public utility or by any officer, agent,
365
or employee of any public utility may be withheld from the public [whenever] when and during
366
[such] the period of time [as] the commission [may determine] determines that it is [for] in the best
367
interests of the public, including the public utility, to withhold [such] the information.
368
(d) Any officer or employee of the commission who in violation of the provisions of this
369
Subsection (4) divulges any such information is guilty of a misdemeanor.
370
Section 12.
Section
54-4-1.1
is amended to read:
371
54-4-1.1. Wholesale electrical cooperative exempt from rate regulation --
372
Requirements for rate increase.
373
(1) The commission [does] may not [have the authority under the provisions of this title
374
to] regulate, fix, or otherwise approve or establish the rates, fares, tolls, or charges of a wholesale
375
electrical cooperative.
376
(2) A wholesale electrical cooperative [shall] may not vary its charges within any type or
377
classification of service to any member or the public, one from the other, or from schedules of
378
rates, fares, tolls, or charges which schedules shall be filed at least annually with the [Division of
379
Public Utilities] Office of the Public Advocate for informational purposes only.
380
(3) The prohibition of this section applies only to the rates, fares, tolls, or charges and does
381
not exempt wholesale electrical cooperatives from other areas of regulation under this title
382
including[, but not limited to,] regulation having an indirect effect on rates, fares, tolls, or charges
383
but which does not constitute an approval or establishment of them.
384
(4) (a) (i) A wholesale electrical cooperative must, prior to the implementation of any rate
385
increase after January 1, 1984, hold a public meeting for [all] its customers and members.
386
(ii) Notice must be mailed at least ten days prior to the meeting. [In addition, any]
387
(b) Any schedule of new rates or other change that results in new rates must be approved
388
by the board of directors of the wholesale electrical cooperative.
389
Section 13.
Section
54-4-4
is amended to read:
390
54-4-4. Classification and fixing of rates after hearing.
391
(1) [Whenever] If the commission [shall find] finds after a hearing that the rates, fares,
392
tolls, rentals, charges, or classifications[, or any of them] demanded, observed, charged, or
393
collected by any public utility for, or in connection with, any service [or], product, or commodity,
394
[or in connection therewith,] including the rates or fares for excursion or commutation tickets, or
395
that the rules, regulations, practices, or contracts[, or any of them,] affecting [such] the rates, fares,
396
tolls, rentals, charges, or classifications[, or any of them,] are unjust, unreasonable, discriminatory
397
[or], preferential, or [in anywise] otherwise in violation of any provisions of law, or that [such] the
398
rates, fares, tolls, rentals, charges, or classifications are insufficient, the commission shall
399
determine the just, reasonable, or sufficient rates, fares, tolls, rentals, charges, classifications, rules,
400
regulations, practices, or contracts to be thereafter observed and in force, and shall fix the same
401
by order as [hereinafter] provided in this section.
402
(2) The commission [shall have power to] may:
403
(a) investigate [a single rate, fare, toll, rental, charge, classification, rule, regulation,
404
contract or practice, or any number thereof, or the entire schedule or]:
405
(i) one or more rates, fares, tolls, rentals, charges, classifications, rules, regulations,
406
contracts, or practices of any public utility; or
407
(ii) one or more schedules of rates, fares, tolls, rentals, charges, classifications, rules,
408
regulations, contracts [and], or practices[, or any number thereof,] of any public utility[, and to];
409
and
410
(b) establish, after hearing, new rates, fares, tolls, rentals, charges, classifications, rules,
411
regulations, contracts [or], practices, or [schedule or] schedules in lieu [thereof] of them.
412
(3) (a) [The commission, in] In its determination of just and reasonable rates, [may
413
consider recent changes in the utility's financial condition or changes reasonably expected, but not
414
speculative, in the utility's revenues, expenses or investments and may adopt an appropriate future
415
test period, not exceeding twelve] if the commission uses a test period, it shall select a test period
416
that is demonstrated by the evidence to best reflect conditions that the public utility will encounter
417
during the period when the rates will be in effect.
418
(b) In establishing the test period, the commission may use:
419
(i) a future test period based on projected data not exceeding 20 months from the date of
420
filing[, including projections or projections together with a period of actual operations in
421
determining the utility's test year for rate-making purposes.];
422
(ii) a test period based on historic data that are adjusted for known and measurable
423
changes; or
424
(iii) a combination of future projections and historic data.
425
(c) If the test period is not based exclusively on future projections, the commission shall
426
consider recent changes outside the test period which are known in nature and measurable in
427
amount.
428
Section 14.
Section
54-4-37
is enacted to read:
429
54-4-37. Transactions with utility affiliates -- Presumptions.
430
(1) If an affiliate of a public utility provides goods or services to, or performs functions
431
for, a public utility, and the goods, services, or functions are subject to competition or to economic
432
regulation by another governmental agency, the provision of those goods, services, or functions
433
may not be regulated by the commission.
434
(2) A public utility's transactions with an affiliate do not carry any presumption of
435
unreasonableness but shall be subject to a normal prudence review on the same basis as if the
436
transactions were made with an unaffiliated entity.
437
(3) Nothing in this section shall affect the obligations of a telecommunications corporation
438
under:
439
(a) Section 251, 252, or 253 of the Federal Telecommunications Act of 1996, Pub. L. No.
440
104-104, 110 Stat. 56; or
441
(b) Title 54, Chapter 8b, Public Telecommunications Law.
442
Section 15.
Section
54-5a-1
is enacted to read:
443
CHAPTER 5a. PUBLIC UTILITY REGULATION TAX
444
54-5a-1. Regulation tax.
445
(1) A tax is imposed upon the gross operating revenue of each public utility subject to the
446
jurisdiction of the commission.
447
(2) The tax shall be the greater of:
448
(a) 3/10 of 1% of the public utility's gross operating revenues for the preceding calendar
449
year derived from each public utility's business and operations during that period within this state;
450
or
451
(b) $50.
452
(3) The following revenue is exempt from the tax imposed by this chapter:
453
(a) revenue derived from interstate business; and
454
(b) revenue of a wholesale electric cooperative derived from the sale of power to a rural
455
electric cooperative which resells that power within the state.
456
(4) The tax is due and payable to the Department of Commerce on or before July 1 of each
457
year.
458
(5) The Department of Commerce shall remit the tax to the state treasurer.
459
(6) The proceeds of the tax shall be used for:
460
(a) the administration, support, and maintenance of the commission and the Office of the
461
Public Advocate;
462
(b) expenditures by the Office of the Attorney General to provide legal counsel for the
463
commission and the Office of the Public Advocate; and
464
(c) the support and maintenance of any other programs, services, or functions provided by
465
the state, as appropriated by the Legislature.
466
Section 16.
Section
54-5a-2
is enacted to read:
467
54-5a-2. Basis of the tax.
468
(1) The gross operating revenues of a public utility shall be determined by the executive
469
director of the Department of Commerce from:
470
(a) the annual gross revenue reports filed with the commission; and
471
(b) other sources of information prescribed by rule of the commission.
472
(2) (a) A public utility liable for the tax assessed under this chapter shall file a report with
473
the commission showing its gross operating revenue subject to the tax on or before April 15 of
474
each tax year.
475
(b) If the public utility fails to file the report as required under Subsection (2)(a), the
476
executive director of the Department of Commerce shall:
477
(i) compute or estimate the amount of tax due and payable; and
478
(ii) assess the tax against the public utility.
479
Section 17.
Section
54-5a-3
is enacted to read:
480
54-5a-3. Default in payment of tax -- Procedure to collect -- Penalties.
481
(1) If the tax imposed under this chapter is due and the payment is in default, a lien in the
482
amount of the tax may be filed against the property of the utility and may be foreclosed in an action
483
brought by the executive director of the Department of Commerce in the district court of any
484
county in which property of the delinquent utility is located.
485
(2) (a) If the tax computed and imposed under this chapter is not paid within 60 days after
486
it becomes due, the rights and privileges of the delinquent utility shall be suspended.
487
(b) The executive director of the Department of Commerce shall transmit the name of the
488
utility to the Public Service Commission, which may immediately enter an order suspending the
489
operating rights of the utility.
490
Section 18.
Section
54-5a-4
is enacted to read:
491
54-5a-4. Penalties.
492
(1) Any utility whose operating rights have been suspended under Section
54-5a-3
which
493
exercises or attempts to exercise any right or privilege as a utility during the time period for which
494
its operating rights have been suspended is guilty of a class B misdemeanor.
495
(2) Each day's violation shall constitute a separate offense.
496
(3) Jurisdiction of the offense shall be held to be in any county in which any part of the
497
transaction of business occurred.
498
(4) Each contract made in violation of this section is unenforceable by the corporation.
499
Section 19.
Section
54-7-1
is amended to read:
500
54-7-1. Settlement -- Limitation of issues.
501
(1) Informal resolution, by agreement of the parties, of matters before the commission is
502
encouraged[.] as a means to:
503
(a) resolve disputes while minimizing time and expense to public utilities, the state, and
504
consumers;
505
(b) enhance administrative efficiency; and
506
(c) enhance the regulatory process by allowing the commission to concentrate on those
507
issues which adverse parties cannot otherwise resolve.
508
(2) The commission may [approve any agreement after considering the interests of the
509
public and other affected persons] use settlement proposals to resolve disputed matters, while
510
reserving to the parties the right to maintain confidentiality in the negotiation process.
511
(3) (a) At any time before or during [a hearing or] an adjudicative proceeding before the
512
commission, the parties, between themselves or with the commission or a commissioner, may
513
engage in settlement conferences and negotiations.
514
(b) The commission may adopt [any settlement proposal of the parties and may enter an
515
order based upon the proposal.] settlement proposals entered into by one or more of the parties,
516
including all parties initiating a proceeding and all parties against whom a proceeding is initiated.
517
(c) The commission shall notify all parties to the proceeding of the terms of any proposed
518
settlement.
519
(d) The commission may adopt settlement proposals that are just and reasonable in result
520
and is not required to inquire into:
521
(i) each individual component or aspect of the settlement;
522
(ii) each fact upon which the settlement is based; or
523
(iii) each position of the parties.
524
(e) The commission may adopt a settlement proposal without testimony or a hearing,
525
unless it is contested by the party initiating the proceeding or the party against whom the
526
proceeding is initiated.
527
(f) The commission may order a hearing at the request of an intervening party.
528
(g) The commission shall accept or reject settlement proposals within a reasonable time.
529
(4) In cases or procedures involving rate increases as defined in Section
54-7-12
, the
530
commission may limit the factors and issues to be considered in its determination of just and
531
reasonable rates.
532
Section 20.
Section
54-7-1.5
is amended to read:
533
54-7-1.5. Communications between commission personnel and parties restricted.
534
(1) For purposes of this section, "ex parte communications" do not include:
535
(a) discussions with the commission and its staff during initial settlement conferences
536
established under Section
54-7-11.5
; or
537
(b) communications between parties or their counsel and the commission regarding:
538
(i) the form and content of draft orders; or
539
(ii) findings of fact or conclusions of law made by the commission.
540
(2) No member of the [Public Service] commission, administrative law judge, or
541
commission employee who is or may reasonably be expected to be involved in the
542
decision-making process, shall make or knowingly cause to be made to any party any
543
communication relevant to the merits of any matter under [adjudication] adjudicative proceedings,
544
unless notice and an opportunity to be heard are afforded to all parties.
545
(3) (a) No party shall make or knowingly cause to be made to any member of the
546
commission, administrative law judge, or commission employee who is or may reasonably be
547
expected to be involved in the decision-making process, an ex parte communication relevant to
548
the merits of any matter under [adjudication] adjudicative proceedings.
549
(b) Any member of the commission, administrative law judge, or commission employee
550
who receives an ex parte communication shall place the communication into the public record of
551
the proceedings and afford all parties an opportunity to comment on the information.
552
Section 21.
Section
54-7-11.5
is enacted to read:
553
54-7-11.5. Initial conferences.
554
(1) (a) Before filing a request for agency action, a potential party or parties are encouraged
555
to confer with the commission and its staff concerning a contemplated request. The commission
556
shall hold an initial conference with the potential party or parties requesting the conference and
557
the commission may, in its discretion, invite other potential parties to participate in subsequent
558
conferences.
559
(b) Requests for conferences described in Subsection (1)(a):
560
(i) are not requests for agency action under Subsection
63-46b-3
(b); and
561
(ii) do not require notice of the conferences.
562
(c) Commission and staff shall offer advice and assistance and, in accordance with Section
563
63-46b-1
, seek to:
564
(i) encourage settlement;
565
(ii) clarify the issues;
566
(iii) simplify the evidence;
567
(iv) facilitate discovery; and
568
(v) expedite the proceedings.
569
(2) During the conferences described in Subsection (1), the commission and staff are
570
encouraged to seek resolution of the issues presented. If a resolution requiring commission action
571
is achieved, the commission shall:
572
(a) issue an initial order reflecting the resolution; and
573
(b) initiate an adjudicative proceeding in accordance with Subsection
63-46b-3
(1)(a) to
574
implement the resolution.
575
(3) Nothing in this section precludes the initiation of an adjudicative proceeding by any
576
party requesting a conference before the commission issues an initial order.
577
(4) (a) When an adjudicative proceeding is commenced by anyone other than the Office
578
of the Public Advocate, the Office of the Public Advocate shall, except as provided in Subsections
579
(4)(c) and (d), before intervening in the proceeding:
580
(i) make a bonafide effort to confer with the party initiating the request; or
581
(ii) if the adjudicative proceeding is commenced by the commission, make a bonafide
582
effort to confer with the commission and any public utility directly affected by the commission
583
action.
584
(b) The Office of the Public Advocate is directed at the conference to:
585
(i) encourage settlement;
586
(ii) clarify the issues;
587
(iii) simplify the evidence;
588
(iv) facilitate discovery; and
589
(v) expedite the proceedings.
590
(c) In any proceeding where the commission is required by statute to issue tentative or final
591
orders in less than 30 days, the Office of the Public Advocate may intervene. If further
592
proceedings follow, the Office of the Public Advocate shall confer as provided in Subsections
593
(4)(a) and (b) as soon as practicable.
594
(d) If the commission has discretion, and intends, to issue a final or tentative order in less
595
than 30 days, the commission shall notify the Office of Public Advocate of its intention to issue
596
the order, and the Office of the Public Advocate may intervene. If further proceedings follow, the
597
Office of the Public Advocate shall confer as provided in Subsections (4)(a) and (b) as soon as
598
practicable.
599
Section 22.
Section
54-7-12
is amended to read:
600
54-7-12. Rate increase or decrease -- Procedure -- Effective dates -- Electrical or
601
telephone cooperative.
602
(1) As used in this section:
603
(a) "Rate increase" means any direct increase in a rate, fare, toll, rental, or other charge of
604
a public utility or any modification of a classification, contract, practice, or rule that increases a
605
rate, fare, toll, rental, or other charge of a public utility.
606
(b) "Rate decrease" means any direct decrease in a rate, fare, toll, rental, or other charge
607
of a public utility or any modification of a classification, contract, practice, or rule that decreases
608
a rate, fare, toll, rental, or other charge of a public utility.
609
(2) (a) Any public utility or other party that proposes to increase or decrease rates shall file
610
appropriate schedules with the commission setting forth the proposed rate increase or decrease.
611
(b) The commission shall, after reasonable notice, hold a hearing to determine whether the
612
proposed rate increase or decrease, or some other rate increase or decrease, is just and reasonable.
613
If a rate decrease is proposed by a public utility, the commission may waive a hearing unless it
614
seeks to suspend, alter, or modify the rate decrease.
615
(c) Except as otherwise provided in Subsections (3) and (4), no proposed rate increase or
616
decrease is effective until after completion of the hearing and issuance of a final order by the
617
commission concerning the proposed increase or decrease.
618
(3) (a) [The following rules apply] This Subsection (3) applies to the implementation of
619
any proposed rate increase or decrease filed by a utility or proposed by any other party, or the
620
commission in an initial order under Section
54-7-11.5
, and to the implementation of any other
621
increase or decrease in lieu of that proposed by a utility [or], other party [that is determined to be
622
just and reasonable by], or the commission[:].
623
[(a)] (b) (i) On its own initiative or in response to an application by a public utility or other
624
party, the commission, after a hearing, may allow any proposed rate increase or decrease[, or a]
625
which is just or reasonable, or a just and reasonable part of the rate increase or decrease, to take
626
effect, subject to the commission's right to order a refund or surcharge, upon the filing of the
627
utility's schedules or at any time during the pendency of its [hearing proceedings] adjudicative
628
proceeding.
629
(ii) The evidence presented in the hearing held pursuant to this Subsection (3)(b) need not
630
encompass all issues that may be considered in a rate case hearing held pursuant to Subsection
631
(2)(b), but shall establish an adequate prima facie showing that the interim rate increase or
632
decrease is justified.
633
[(b)] (c) (i) If the commission completes a hearing concerning a utility's revenue
634
requirement before the expiration of 240 days from the date the rate increase or decrease proposal
635
is filed, it may issue a final order within that period establishing the utility's revenue requirement
636
and fixing its interim allowable rates before it determines the allocation of the increase or decrease
637
among categories of customers and classes of service.
638
(ii) If the commission in its final order on a utility's revenue requirement finds that the
639
interim increase order under Subsection (3)[(a)](b) exceeds the increase finally ordered, it shall
640
order the utility to refund the excess to customers.
641
(iii) If the commission in its final order on a utility's revenue requirement finds that the
642
interim decrease order under Subsection (3)[(a)](b) exceeds the decrease finally ordered, it shall
643
order a surcharge to customers to recover the excess decrease.
644
[(c)] (d) If the commission fails to enter its order granting or revising a revenue increase
645
within 240 days after the [utility's schedules are filed] commencement of a request for a rate
646
increase by a public utility or an increase proposed by an initial order of the commission, the rate
647
increase proposed by the utility or the commission is final and the commission may not order a
648
refund of any amount already collected by the utility under its filed rate increase.
649
[(d)] (e) (i) [When] If a public utility files a proposed rate increase based upon an increased
650
cost to the utility for fuel [or], energy, or related services purchased or obtained from [independent
651
contractors, other independent suppliers, or any supplier whose prices are regulated by a
652
governmental agency, the commission shall issue a tentative order with respect to the proposed
653
increase within ten days after the proposal is filed, unless it issues a final order with respect to the
654
rate increase within 20 days after the proposal is filed] an independent contractor or independent
655
source of supply or any supplier whose prices are regulated by a governmental agency, the
656
requested increase shall take effect ten days after the filing of the request with the commission or
657
at any earlier time after the filing of the request as the commission may by order permit.
658
(ii) The commission shall [hold a public hearing within 30 days after it issues the tentative
659
order to determine if the proposed rate increase is just and reasonable] order the increase to take
660
effect only after a showing has been made by the public utility to the commission that the increase
661
is justified.
662
(iii) The commission may, after a hearing, suspend, alter, or modify the increase.
663
(iv) The commission is not precluded from otherwise using mechanisms, such as a
664
pass-through account or energy-balancing account, for the recovery by a public utility of an
665
increased cost for fuel or energy purchased, or other cost or expense items, but the procedural
666
mechanisms for expedited orders described in Subsections (3)(e)(i) through (iii) do not apply.
667
(4) (a) Notwithstanding [any other provisions of this title] Subsection (3), any schedule,
668
classification, practice, or rule filed by a public utility with the commission that does not result in
669
any rate increase shall take effect 30 days after the date of filing or within any lesser time the
670
commission may grant, subject to its authority after a hearing to suspend, alter, or modify that
671
schedule, classification, practice, or rule.
672
(b) [When] If the commission suspends a schedule, classification, practice, or rule, it shall
673
hold a hearing on the schedule, classification, practice, or rule before issuing its final order.
674
(c) For purposes of this Subsection (4), any schedule, classification, practice, or rule that
675
introduces a service or product not previously offered may not result in a rate increase.
676
(5) [(a)] Notwithstanding [any other provision of this title, whenever a public utility files
677
with the commission any] Subsections (2) through (4), any rate or price change or any change to
678
a schedule, classification, practice, or rule [that does not result in an increase in any rate, fare, toll,
679
rental, or charge, the schedule, classification, practice, or rule shall take effect 30 days after the
680
date of filing or at any earlier time the commission may grant, subject to the authority of the
681
commission, after a hearing, to suspend, alter, or modify the schedule, classification, practice, or
682
rule.] determined by initial order under Section
54-7-11.5
may be adopted by the commission as
683
its final order without a hearing if:
684
[(b) (i) Notwithstanding any other provision of this title, whenever a public utility files
685
with the commission a request for an increase in rates, fares, tolls, rentals, or charges based solely
686
upon cost increases to the public utility of fuel supplied by an independent contractor or
687
independent source of supply, the requested increase shall take effect ten days after the filing of
688
the request with the commission or at any earlier time after the filing of the request as the
689
commission may by order permit.]
690
[(ii) The commission shall order the increase to take effect only after a showing has been
691
made by the public utility to the commission that the increase is justified.]
692
[(iii) The commission may, after a hearing, suspend, alter, or modify the increase.]
693
(a) the commission mails notice of its initial order to each person who has requested notice
694
of the initial orders and the commission provides other notice it considers appropriate; and
695
(b) there is no objection to the initial order within 20 days from the service of notice.
696
(6) Any person receiving notice under Subsection (5)(a) who has not objected to the
697
commission's order under Subsection (5)(b) may not seek judicial review of the commission's
698
order under Title 63, Chapter 46b, Administrative Procedures Act.
699
(7) To the extent that time frames provided for the issuance of orders or for the effective
700
date of schedules, classifications, practices, rules, or rate increases in Subsections (2) through (5)
701
are inconsistent with any otherwise applicable time frames under Title 63, Chapter 46b,
702
Administrative Procedures Act, the time frames provided in Subsections (2) through (5) shall
703
supercede the time frames provided in Title 63, Chapter 46b, Administrative Procedures Act.
704
[(6)] (8) (a) This section does not apply to any rate changes of an electrical or telephone
705
cooperative that meets [all of] the [following] requirements[:] of Subsections (8)(b) through (e).
706
[(a)] (b) The cooperative is organized for the purpose of either distributing electricity or
707
providing telecommunication services to its members and the public at cost. "At cost" includes
708
interest costs and a reasonable rate of return as determined by the cooperative's board of directors.
709
[(b)] (c) The cooperative's board of directors and any appropriate agency of the federal
710
government have approved the rate increase or other rate change and all necessary tariff revisions
711
reflecting the increased rate or rate change.
712
[(c)] (d) Before implementing any rate increases, the cooperative has held a public meeting
713
for all its customers and members. The cooperative shall mail a notice of the meeting to all of
714
the cooperative's customers and members not less than ten days prior to the date that the meeting
715
is held.
716
[(d)] (e) The cooperative has filed its tariff revisions reflecting the rate increase or other
717
rate change with the commission, who shall make the tariffs available for public inspection.
718
[(7)] (9) Procedures for the implementation of a proposed rate increase by a telephone
719
corporation having less than 5,000 subscriber access lines are as follows:
720
(a) (i) The proposed rate increase may become effective upon the filing of the proposed
721
tariff revisions and necessary information to support a determination by the commission that the
722
proposed rate increase is just and reasonable.
723
(ii) The telephone corporation shall provide 30 days' notice to the commission and all
724
potentially affected access line subscribers of the proposed rate increase.
725
(b) (i) The commission may investigate whether the proposed rate increase is just and
726
reasonable.
727
(ii) If the commission determines, after notice and hearing, that the rate increase is unjust
728
or unreasonable in whole or in part, the commission may establish the rates, charges, or
729
classifications that it finds to be just and reasonable.
730
(c) The commission shall investigate and hold a hearing to determine whether any
731
proposed rate increase is just and reasonable if 10% or more of the telephone corporation's
732
potentially affected access line subscribers file a request for agency action requesting an
733
investigation and hearing.
734
Section 23.
Section
54-7-15
is amended to read:
735
54-7-15. Review or rehearing by commission -- Application -- Procedure --
736
Prerequisite to court action -- Effect of commission decisions.
737
(1) Before seeking judicial review of the commission's action, any party, stockholder,
738
bondholder, or other person pecuniarily interested in the public utility who is dissatisfied with an
739
order of the commission shall meet the requirements of this section.
740
(2) (a) After any order or decision, except an initial order and decision issued pursuant to
741
Section
54-7-11.5
, has been made by the commission, any party to the action or proceeding, or any
742
stockholder [or], bondholder, or other party pecuniarily interested in the public utility affected may
743
apply for rehearing of any [matters] matters determined in the action or proceeding.
744
(b) No applicant may urge or rely on any ground not set forth in the application in an
745
appeal to any court.
746
(c) Any application for rehearing not granted by the commission within 20 days is denied.
747
(d) (i) If the commission grants any application for rehearing without suspending the order
748
involved, the commission shall issue its decision on rehearing within 20 days after final
749
submission.
750
(ii) If the commission fails to render its decision on rehearing within 20 days, the order
751
involved is affirmed.
752
(e) Unless an order of the commission directs that an order is stayed or postponed, an
753
application for review or rehearing does not excuse any corporation or person from complying with
754
and obeying any order or decision of the commission.
755
(3) Any order or decision on rehearing that abrogates, changes, or modifies an original
756
order or decision has the same force and effect as an original order or decision, but does not affect
757
any right, or the enforcement of any right, arising from the original order or decision unless so
758
ordered by the commission.
759
(4) Any order of the commission, including decisions on rehearing, shall have binding
760
force and effect only with respect to public utilities that were actual parties to the proceeding, and
761
do not determine any rights, privileges, obligations, duties, constraints, burdens, or responsibilities
762
with respect to public utilities that were not party to the proceeding in which the order or decision
763
was rendered unless the commission enacts a rule in compliance with Section
63-46a-3
that
764
incorporates the principles of law not already in its rules that are established by the proceeding.
765
Section 24.
Section
54-8b-13
is amended to read:
766
54-8b-13. Rules governing operator assisted services.
767
(1) The commission shall make rules to implement the following requirements pertaining
768
to the provision of operator assisted services:
769
(a) Rates, surcharges, terms, or conditions for operator assisted services shall be provided
770
to customers upon request without charge.
771
(b) A customer shall be made aware, prior to incurring any charges, of the identity of the
772
operator service provider handling the operator assisted call by a form of signage placed on or near
773
the telephone or by verbal identification by the operator service provider.
774
(c) Any contract between an operator service provider and an aggregator shall contain
775
language which assures that any person making a telephone call on any telephone owned or
776
controlled by the aggregator or operator service provider can access:
777
(i) where technically feasible, any other operator service provider operating in the relevant
778
geographic area; and
779
(ii) the public safety emergency telephone numbers for the jurisdiction where the
780
aggregator's telephone service is geographically located.
781
(d) No operator service provider shall transfer a call to another operator service provider
782
unless that transfer is accomplished at, and billed from, the call's place of origin. If such a transfer
783
is not technically possible, the operator service provider shall inform the caller that the call cannot
784
be transferred as requested and that the caller should hang up and attempt to reach another operator
785
service provider through the means provided by that other operator service provider.
786
(2) (a) The [Division of Public Utilities] Office of the Public Advocate shall be responsible
787
for enforcing any rule adopted by the commission under this section.
788
(b) If the [Division of Public Utilities] Office of the Public Advocate determines that any
789
person, or any officer or employee of any person, is violating any rule adopted under this section,
790
the [division] Office of the Public Advocate shall serve written notice upon the alleged violator
791
which:
792
(i) specifies the violation;
793
(ii) alleges the facts constituting the violation; and
794
(iii) specifies the corrective action to be taken.
795
(c) After serving notice as required in Subsection (2)(b), the [division] Office of the Public
796
Advocate may request the commission to issue an order to show cause. After a hearing, the
797
commission may impose penalties and, if necessary, may request the attorney general to enforce
798
the order in district court.
799
(3) (a) Any person who violates any rule made under this section or fails to comply with
800
any order issued pursuant to this section is subject to a penalty not to exceed $2,000 per violation.
801
(b) In the case of a continuing violation, each day that the violation continues constitutes
802
a separate and distinct offense.
803
(4) A penalty assessment under this section does not relieve the person assessed from civil
804
liability for claims arising out of any act which was a violation of any rule under this section.
805
Section 25.
Section
54-8b-17
is amended to read:
806
54-8b-17. Procedures for enforcement of interconnection service quality -- Penalties
807
for violation -- Funds collected.
808
(1) Proceedings under Subsection
54-8b-2.2
(1)(e) shall be conducted in accordance with
809
the following procedure:
810
(a) The complaint shall be served upon the defendant telecommunications corporation and
811
filed with the commission. A copy of the complaint shall also be served upon the [Division of
812
Public Utilities] Office of the Public Advocate.
813
(b) An answer or other responsive pleading to the complaint shall be filed with the
814
commission not more than ten days after receipt of service of the complaint. Copies of the answer
815
or responsive pleading shall be served on the complainant and the [Division of Public Utilities]
816
Office of the Public Advocate.
817
(c) A prehearing conference shall be held not later than ten days after the complaint is
818
filed.
819
(d) (i) The commission shall commence a hearing on the complaint not later than 25 days
820
after the complaint is filed, unless the commission finds that extraordinary conditions exist that
821
warrant postponing the hearing date, in which case the commission shall commence the hearing
822
as soon as practicable.
823
(ii) Parties shall be entitled to present evidence as provided by the commission's rules.
824
(e) The commission shall take final action on a complaint not more than 45 days after the
825
complaint is filed unless:
826
(i) the commission finds that extraordinary conditions exist that warrant extending final
827
action, in which case the commission shall take final action as soon as practicable; or
828
(ii) the parties agree to an extension of final action by the commission.
829
(2) The commission shall have the enforcement powers listed in Subsection (3) if, in the
830
proceeding, the commission finds that:
831
(a) the telecommunications corporation has violated the terms of the commission's
832
interconnection service quality rules;
833
(b) the telecommunications corporation has breached its obligations under the provisions
834
of the Federal Telecommunications Act;
835
(c) either party to an approved interconnection agreement has violated the terms of the
836
agreement; or
837
(d) either party has violated the terms of a statement of generally available terms.
838
(3) If the commission makes any of the findings described in Subsection (2), the
839
commission shall:
840
(a) order the telecommunications corporation to:
841
(i) remedy the violation; and
842
(ii) comply, as applicable, with the terms of the commission's interconnection service
843
quality rules, the interconnection agreement, or statement of generally available terms;
844
(b) if considered appropriate by the commission, prescribe the specific actions that the
845
telecommunications corporation must take to remedy its violation, including a time frame for
846
compliance and the submission of a plan to prevent future violations;
847
(c) if considered appropriate by the commission, impose a penalty on the defendant
848
telecommunications corporation subject to the following:
849
(i) if the violation is of the duties imposed under Section
54-8b-2.2
or
54-8b-16
, the
850
commission may impose a penalty for such violation as provided in Section
54-7-25
; or
851
(ii) if the violating telecommunications corporation is other than an incumbent telephone
852
corporation with fewer than 50,000 access lines in this state, and the violation is of a duty imposed
853
under an interconnection agreement, a statement of generally available terms, or the obligations
854
of Section 251 of the Federal Telecommunications Act, the commission may impose a penalty
855
subject to the following:
856
(A) if the commission finds that the violation was willful or intentional, the penalty may
857
be in an amount of up to $5,000 per day and the period for which the penalty is levied shall
858
commence on the date the commission finds the violation to have first occurred through and
859
including the date the violation is corrected; or
860
(B) if the commission finds that the violation was not willful or intentional, the penalty
861
may be in an amount prescribed by Section
54-7-25
and the period for which the penalty is levied
862
shall commence on the day after the deadline for compliance in the commission's order.
863
(4) (a) The commission shall have the authority, on its own or at the request of the injured
864
telecommunications corporation, to investigate a party's compliance with the commission's order
865
under Subsection (3)(c)(ii).
866
(b) If corrective or remedial action acceptable to the commission is not completed:
867
(i) 45 days after the deadline set by the commission, the commission may increase the
868
penalty up to $10,000 per violation per day for a willful or intentional violation; or
869
(ii) 90 days after the deadline set by the commission, the commission may increase the
870
penalty up to $4,000 per violation per day for a violation that is not willful or intentional.
871
(5) (a) The penalty under Subsection (3)(c) shall be in addition to, and not in lieu of, civil
872
damages or other remedies that may be available to the injured party.
873
(b) In determining the amount of the penalty or the amount agreed to in compromise, the
874
commission shall consider:
875
(i) the appropriateness of the penalty to the size of the violating party;
876
(ii) the gravity of the violation;
877
(iii) the good faith of the defendant telecommunications corporation in attempting to
878
achieve compliance after notification of the violation;
879
(iv) the impact of the violation to the establishment of competition; and
880
(v) the actual economic harm incurred by the plaintiff telecommunications corporation.
881
(c) Each day of a continuing violation or a failure to comply is a separate offense for
882
purposes of levying a penalty under this section.
883
(6) All funds collected under this section shall go into the Universal Public
884
Telecommunications Service Support Fund established under Section
54-8b-15
, and shall be in
885
addition to any contributions required of a telecommunications corporation under that section.
886
Section 26.
Section
54-8b-18
is amended to read:
887
54-8b-18. Definitions -- Unauthorized change of telecommunications provider --
888
Unauthorized charges -- Procedures for verification -- Penalties -- Authority of commission.
889
(1) For purposes of this section:
890
(a) "Agents" includes any person, firm, or corporation representing a telecommunications
891
corporation for purposes of requesting a change in a subscriber's telecommunications provider, but
892
does not include a local service provider when executing a request submitted by another service
893
provider or its agents.
894
(b) "Freeze" means a directive from a subscriber to retain the provider of public
895
telecommunications services selected by the subscriber until the subscriber provides authorization
896
for a change to another provider of public telecommunications services through any means by
897
which a freeze is implemented.
898
(c) "Small commercial subscriber" is a person or entity conducting a business, agriculture,
899
or other enterprise in the state having less than five telecommunications lines.
900
(d) "Subscriber" means a corporation, person, or government, or a person acting legally
901
on behalf of a corporation, person, or government who has purchased public telecommunications
902
services from a telecommunications corporation.
903
(2) No telecommunications corporation or its agents shall make any change or authorize
904
a different telecommunications corporation to make any change in the provider of any public
905
telecommunications service to a subscriber unless it complies, at a minimum, with Subsections
906
(2)(a) through (e). This Subsection (2) does not apply to a telecommunications corporation that
907
effectuates a change in service provider pursuant to a change authorization submitted or requested
908
by another telecommunications corporation.
909
(a) The telecommunications corporation or its agents shall, at a minimum, inform the
910
subscriber of the nature, extent, and rates of the service being offered and any charges associated
911
with the change.
912
(b) Notwithstanding Section
13-26-4
, changes in provider of telecommunication service
913
accomplished through telephone solicitation shall comply with the Telephone Fraud Prevention
914
Act, Sections
13-26-2
,
13-26-8
,
13-26-10
, and
13-26-11
.
915
(c) For sales of residential service or small commercial subscriber service, the
916
telecommunications corporation or its agents shall confirm that the subscriber is aware of any
917
charges that the subscriber must pay associated with the change and that the subscriber authorizes
918
the change of provider. The subscriber's authorization to change the provider shall be confirmed
919
by any one of the following methods:
920
(i) obtaining the subscriber's written authorization;
921
(ii) having the subscriber's oral authorization verified by an independent third party; or
922
(iii) any means provided by rule of the Federal Communications Commission or the
923
commission.
924
(d) If the subscriber is not an individual, an authorization shall be valid only if given by
925
an authorized representative of the subscriber.
926
(e) (i) The written authorization to change the provider shall be signed by the subscriber
927
and shall contain a clear, conspicuous, and unequivocal request by the subscriber for a change of
928
telecommunications provider.
929
(ii) A written authorization is not valid if it is presented to the subscriber for signature in
930
connection with a sweepstakes, game of chance, or any other means prohibited by commission
931
rule.
932
(iii) Nothing in this section shall be construed to prohibit any person from offering a
933
premium, incentive, or a thing of value to another as consideration for authorizing a change of
934
telecommunications service provider, provided that no element of chance or skill is associated with
935
the offer of the premium, incentive, or thing of value or its receipt.
936
(3) The confirmation by a third-party verifier shall, at a minimum:
937
(a) confirm the subscriber's identity with information unique to the customer, unless the
938
customer refuses to provide identifying information, then that fact shall be noted;
939
(b) confirm that the subscriber agrees to the requested change in telecommunications
940
service providers; and
941
(c) confirm that the subscriber has the authority to select the provider as the provider of
942
that service.
943
(4) A third-party verifier shall meet each of the following criteria:
944
(a) any criteria for third-party verifiers set by the Federal Communications Commission;
945
(b) not be directly or indirectly managed, controlled, directed, or owned wholly or in part:
946
(i) by the telecommunications corporation or its agents that seek to provide the
947
telecommunications service or by any corporation, firm, or person who directly or indirectly
948
manages, controls, directs, or owns more than 5% of the telecommunications corporation; or
949
(ii) by the marketing entity that seeks to market the telecommunications service or by any
950
corporation, firm, or person who directly or indirectly manages, controls, directs, or owns more
951
than 5% of the marketing entity;
952
(c) operate from facilities physically separated from:
953
(i) those of the telecommunications corporation or its agents that seek to provide the
954
subscriber's telecommunications service; or
955
(ii) those of the marketing entity that seeks to market a telecommunications service to the
956
subscriber; and
957
(d) not derive commissions or compensation based upon the number of change
958
authorizations verified.
959
(5) A telecommunications corporation or its agents seeking to verify the change
960
authorization shall connect the subscriber to the third-party verifier or arrange for the third-party
961
verifier to call the subscriber to verify the change authorization.
962
(6) A third-party verifier that obtains the subscriber's oral verification regarding the change
963
shall record that verification by obtaining appropriate verification data.
964
(7) (a) The record verifying a subscriber's change of provider shall be available to the
965
subscriber upon request.
966
(b) Information obtained from the subscriber through verification may not be used for any
967
other purpose.
968
(c) Any intentional unauthorized release of the information in Subsection (7)(b) is grounds
969
for penalties or other action by the commission or remedies provided by law to the aggrieved
970
subscriber against the telecommunications corporation, third-party verifier, their agents, or their
971
employees who are responsible for the violation.
972
(8) The third-party verification shall occur in the same language as that in which the
973
change was solicited.
974
(9) The verification requirements described in this section shall apply to all changes in the
975
provider of any public telecommunications service.
976
(10) The commission may promulgate rules:
977
(a) necessary to implement this section;
978
(b) consistent with any rules promulgated by the Federal Communications Commission;
979
and
980
(c) in a nondiscriminatory and competitively neutral manner.
981
(11) (a) Each subscriber may elect to require the telecommunications corporation
982
providing the subscriber's local exchange service to implement a freeze until the subscriber
983
provides authorization for a change to another provider of public telecommunications services.
984
(b) Once a subscriber has elected the freeze option under Subsection (11)(a), the
985
telecommunications corporation providing the subscriber's local exchange service may not process
986
a request to change the subscriber to another provider of telecommunications services without
987
prior authorization directly from the subscriber.
988
(12) (a) Whenever the subscriber's provider of a telecommunications service changes, the
989
new provider shall:
990
(i) retain a record of the verified change authorization consistent with requirements of the
991
Federal Communications Commission or rules issued by the commission; and
992
(ii) be responsible for providing a conspicuous notice of the change within 30 days of the
993
effective date of the change of service.
994
(b) At a minimum, the notice in Subsection (12)(a)(ii) shall identify the new provider,
995
contain a general description of the service and price, and provide information necessary for the
996
subscriber to have questions answered or to rescind the change.
997
(13) Any bill shall identify each telecommunications service provider of
998
telecommunication service for which billing is rendered.
999
(14) (a) Any person or provider of telecommunications service inadvertently or knowingly
1000
designating or changing the subscriber's telecommunications service provider in violation of this
1001
section shall refund to the subscriber any amounts required by the rules of the Federal
1002
Communications Commission and the commission.
1003
(b) The unauthorized provider in Subsection (14)(a) additionally shall:
1004
(i) bear all costs of restoring the customer to the service of the subscriber's original service
1005
provider; and
1006
(ii) pay to any other telecommunications provider any fees set by the commission for the
1007
designation or change.
1008
(15) Proceedings for violations of this section may be commenced by request for agency
1009
action filed with the commission by a subscriber, a telecommunications corporation, the [Division
1010
of Public Utilities] Office of the Public Advocate, or by the commission on its own motion.
1011
(16) Any telecommunications corporation, its agents, or a third-party verifier who violates
1012
this section or rules adopted to implement this section shall be subject to the provisions of Sections
1013
54-7-23
through
54-7-29
.
1014
(17) The commission is granted authority to enforce provisions relating to an unauthorized
1015
telecommunication service provider change in interstate and intrastate telecommunication service
1016
involving telecommunications corporations operating in the state.
1017
Section 27.
Section
54-10a-1
is enacted to read:
1018
CHAPTER 10a. OFFICE OF THE PUBLIC ADVOCATE
1019
54-10a-1. Establishment of Office of the Public Advocate -- Functions.
1020
(1) There is established within the Department of Commerce the Office of the Public
1021
Advocate which may:
1022
(a) initiate and participate in initial conferences pursuant to Section
54-7-11.5
, commence
1023
original proceedings, file complaints, appear as a party, present factual information and evidence,
1024
examine witnesses, advocate policy recommendations, commence appeals, otherwise participate
1025
in proceedings before the commission, and engage in all other activities consistent with its
1026
statutory responsibilities;
1027
(b) commence original proceedings, file complaints, appear as a party, appeal, and
1028
otherwise represent the public interest in matters and proceedings involving regulation of a public
1029
utility pending before any officer, department, board, agency, commission, governmental authority,
1030
or court of Utah, of another state, or of the United States, and may intervene in, protest, resist, or
1031
advocate the granting, denial, or modification of any petition, application, complaint, or other
1032
proceeding, or any decision or order of any of those governmental authorities;
1033
(c) investigate or study, upon complaint, upon order of the commission, or upon its own
1034
initiative, any matter within the jurisdiction of the commission;
1035
(d) conduct audits and inspections, or take enforcement actions regarding any matter
1036
within the jurisdiction of the commission in order to insure compliance with decisions, orders, and
1037
policies of the commission, either upon order of the commission or upon its own initiative;
1038
(e) require any person or entity subject to the jurisdiction of the commission to:
1039
(i) provide information, reports, and other data compilations relevant to matters within the
1040
jurisdiction of the commission;
1041
(ii) provide access to inspect and copy records and other data compilations relevant to
1042
matters within the jurisdiction of the commission;
1043
(iii) permit inspection of properties and tangible things used in providing public utility
1044
service; and
1045
(iv) engage in other methods of discovery authorized by the commission;
1046
(f) review applications filed with the commission and present recommendations to the
1047
commission on the disposition of those applications;
1048
(g) make recommendations regarding public utility regulatory policy and long-range
1049
planning on matters within the jurisdiction of the commission;
1050
(h) promote balanced and objective representative of all interests in any given matter and
1051
not advocate for or on behalf of any individual, organization, or entity;
1052
(i) assess the impact of utility rate changes and other regulatory actions;
1053
(j) assist residential consumers, agricultural consumers, and those engaged in small
1054
commercial enterprises in appearing before the commission; and
1055
(k) engage in settlement negotiations and make stipulations or agreements regarding
1056
matters within the jurisdiction of the commission.
1057
(2) (a) Any investigations, studies, audits, inspections, enforcement actions, or requests
1058
for discovery of information pursuant to Subsection (1)(c), (d), or (e), shall be preceded by
1059
reasonable advance notice to the person or entity against whom investigation, study, audit,
1060
inspection, enforcement, or discovery is sought.
1061
(b) The targeted person or entity may require that a complaint or an adjudicative
1062
proceeding be instituted with the commission prior to the commencement of the investigation,
1063
study, audit, inspection, enforcement, or discovery by the Office of the Public Advocate pursuant
1064
to Subsection (1)(c), (d), or (e).
1065
Section 28.
Section
54-10a-2
is enacted to read:
1066
54-10a-2. Director of Office of the Public Advocate -- Appointment -- Authority and
1067
responsibility.
1068
(1) The director of the Office of the Public Advocate shall be appointed by the executive
1069
director of the Department of Commerce and shall serve at the pleasure of the executive director.
1070
(2) The director of the Office of the Public Advocate is subject to the administrative
1071
authority of the executive director of the Department of Commerce and is responsible for the
1072
administration and supervision of the division.
1073
(3) The director of the Office of the Public Advocate shall have authority to adopt internal
1074
organizational measures to effectuate efficiency and economy in the management and operation
1075
of the Office of the Public Advocate.
1076
Section 29.
Section
54-10a-3
is enacted to read:
1077
54-10a-3. Budget of Office of the Public Advocate -- Employment of personnel.
1078
(1) The annual budget of the Office of the Public Advocate shall provide sufficient funds
1079
for the Office of the Public Advocate to hire, develop, and organize a technical and professional
1080
staff to perform the duties, powers, and responsibilities committed to it by statute.
1081
(2) The director of the Office of the Public Advocate may:
1082
(a) hire economists, accountants, engineers, inspectors, statisticians, and other technical
1083
and professional experts as may be required;
1084
(b) retain additional experts as required for a particular matter, but only to the extent that
1085
it is necessary to supplement staff of the Office of the Public Advocate in order to fulfill its duties;
1086
and
1087
(c) employ necessary administrative and support staff.
1088
(3) (a) The Department of Human Resource Management shall determine pay schedules
1089
using standard techniques for determining compensation.
1090
(b) The Department of Human Resource Management may make its compensation
1091
determinations based upon compensation common to utility companies throughout the United
1092
States.
1093
Section 30.
Section
54-10a-4
is enacted to read:
1094
54-10a-4. Legal counsel.
1095
The attorney general shall appoint legal counsel to the Office of the Public Advocate upon
1096
request.
1097
Section 31.
Section
54-10a-5
is enacted to read:
1098
54-10a-5. Interests, relationships, and actions by employees prohibited.
1099
No employee of the Office of the Public Advocate shall, while so employed:
1100
(1) have any direct pecuniary interest, whether as the holder of stock or other securities,
1101
or otherwise have any conflict of interest with any public utility or other entity subject to the
1102
jurisdiction of the commission;
1103
(2) have any office, position, or relationship, or be engaged in any business or avocation
1104
which interferes or is incompatible with the effective and objective fulfillment of the duties of
1105
office or employment with the Office of the Public Advocate;
1106
(3) accept any gift, gratuity, emolument, or employment in violation of Title 67, Chapter
1107
16, Utah Public Officers' and Employees' Ethics Act, from any public utility or any other entity
1108
subject to the jurisdiction of the commission or from any officer, agent, or employee thereof; or
1109
(4) solicit, suggest, request, or recommend, directly or indirectly, the appointment of any
1110
person or entity to any office or employment with any public utility or other entity subject to the
1111
jurisdiction of the commission.
1112
Section 32.
Section
54-10a-6
is enacted to read:
1113
54-10a-6. Objectives.
1114
In the performance of the duties, powers, and responsibilities under this title, the Office of
1115
the Public Advocate shall provide the commission with objective and comprehensive information,
1116
evidence, and recommendations after balancing the interests of consumers and the public entity
1117
as prescribed in Section
54-1-1
.
1118
Section 33.
Section
54-10a-7
is enacted to read:
1119
54-10a-7. Notice by commission.
1120
The commission shall automatically provide notice to the Office of the Public Advocate
1121
of all requests for agency action or notices of agency action.
1122
Section 34.
Section
54-10a-8
is enacted to read:
1123
54-10a-8. Establishment of advisory board.
1124
(1) There is established an advisory board for the Office of the Public Advocate.
1125
(2) (a) The advisory board shall consist of seven members, six of which shall be appointed
1126
by the governor to represent the following interests, as follows:
1127
(i) large industrial users of public utility services;
1128
(ii) small industrial or commercial users of public utility services;
1129
(iii) agricultural users of public utility services;
1130
(iv) residential public utility consumers;
1131
(v) low-income residents; and
1132
(vi) retired persons.
1133
(b) The seventh member shall be the executive director of the Department of Commerce
1134
who shall serve as chair of the advisory board.
1135
(c) All members of the advisory board shall maintain their principal abode within Utah.
1136
(3) (a) Except as required by Subsection (3)(b), as terms of current advisory board
1137
members expire, the governor shall appoint each new member or reappointed member to a
1138
four-year term.
1139
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
1140
of appointment or reappointment, adjust the length of terms to ensure that the terms of advisory
1141
board members are staggered so that approximately half of the advisory board is appointed every
1142
two years.
1143
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
1144
appointed for the unexpired term.
1145
(4) No more than three members of the advisory board shall be from the same political
1146
party.
1147
(5) (a) Members of the advisory board shall receive no compensation or benefits for their
1148
services, but may receive per diem and expenses incurred in the performance of the member's
1149
official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
1150
63A-3-107
.
1151
(b) Members may decline to receive per diem and expenses for their service.
1152
(6) The advisory board may:
1153
(a) hold meetings at such times and places as the chair may determine; and
1154
(b) advise the office in the performance of the office's duties, powers, and responsibilities
1155
consistent with Subsection
54-1-1
(2).
1156
Section 35.
Section
67-1-13
is amended to read:
1157
67-1-13. Rural Telecommunications Task Force -- Creation -- Membership --
1158
Quorum -- Compensation -- Staff -- Duties -- Reports and recommendations.
1159
(1) There is created within the governor's office the Rural Telecommunications Task Force
1160
consisting of the following [11] ten members:
1161
(a) one representative from state government appointed by the governor who shall serve
1162
as chair;
1163
(b) one member of the Senate appointed by the president of the Senate;
1164
(c) one member of the House of Representatives appointed by the speaker of the House
1165
of Representatives;
1166
(d) the chair of the Public Service Commission or the chair's designee;
1167
[(e) the administrative secretary of the Committee of Consumer Services or the
1168
administrative secretary's designee;]
1169
[(f)] (e) the director of the [Division of Public Utilities or] Office of the Public Advocate
1170
and the director's designee;
1171
[(g)] (f) two representatives from a local government organization in rural Utah, one
1172
representing cities and one representing counties, appointed by the governor; and
1173
[(h)] (g) three representatives from telecommunications providers in rural Utah to be
1174
appointed by the governor.
1175
(2) A majority of the members of the task force constitute a quorum. The action of a
1176
majority of a quorum constitutes the action of the task force.
1177
(3) (a) Salaries and expenses of the members of the task force who are legislators shall be
1178
paid in accordance with Section
36-2-2
and Legislative Joint Rule 15.03.
1179
(b) Members of the task force who are not legislators may not receive compensation for
1180
their work associated with the task force, but may receive per diem and expenses incurred as a
1181
member of the task force at the rates established by the Division of Finance under Sections
1182
63A-3-106
and
63A-3-107
.
1183
(4) The governor's office shall provide staff support to the task force.
1184
(5) The task force shall review and make recommendations on the following issues:
1185
(a) identify appropriate eligibility criteria for Universal Service Fund Support for capital
1186
investment in broadband data services in rural areas of the state so that:
1187
(i) such support is limited to areas lacking those services;
1188
(ii) an appropriate fund balance is maintained;
1189
(iii) such support begins January 1, 2000; and
1190
(iv) increases in surcharges to support the fund are minimal;
1191
(b) identify areas of the state where state government should assume liability for the costs
1192
of relocating facilities in the case of right-of-way realignments in order to encourage deployment
1193
of digital infrastructure to those areas; and
1194
(c) other possible solutions to aid in the deployment of advanced telecommunications
1195
services in rural areas of the state.
1196
(6) The task force shall provide:
1197
(a) recommendations on rule changes to the Public Service Commission by October 1,
1198
1999; and
1199
(b) a report, including any proposed legislation, to the Public Utilities and Technology
1200
Interim Committee before November 30, 1999.
1201
Section 36. Repealer.
1202
This act repeals:
1203
Section 54-4-1.5, Investigations, providing information, audits and recommendations
1204
by director.
1205
Section 54-4a-1, Establishment of division -- Functions.
1206
Section 54-4a-2, Director of division -- Appointment -- Authority and responsibility.
1207
Section 54-4a-3, Budget of division -- Employment of personnel.
1208
Section 54-4a-4, Legal counsel.
1209
Section 54-4a-5, Interests, relationships and actions by employees prohibited.
1210
Section 54-4a-6, Objectives.
1211
Section 54-5-1.5, Special regulation fee -- Supplemental Levy Committee --
1212
Supplemental fee.
1213
Section 54-5-2, How gross operating revenue is determined.
1214
Section 54-5-3, Default in payment of fee -- Procedure to collect -- Penalties.
1215
Section 54-5-4, Penalties.
1216
Section 54-8b-12, Trust fund established -- Requirements -- Expiration -- Transfer of
1217
balance.
1218
Section 54-10-1, Definitions.
1219
Section 54-10-2, Committee of Consumer Services created -- Members -- Terms --
1220
Qualifications -- Appointment -- Organization.
1221
Section 54-10-3, Per diem and expenses of members -- Meetings.
1222
Section 54-10-4, Duties and responsibilities of committee.
1223
Section 54-10-4.5, Representation of electric power utility by committee prohibited.
1224
Section 54-10-5, Residential and small commercial representative -- Duties.
1225
Section 54-10-6, Review of public utility accounting procedures and expenditures.
1226
Section 54-10-7, Attorney from attorney general's office to represent committee.
1227
Section 37. Effective date.
1228
This act takes effect on July 1, 2000.
1229
Section 38. Transition clause.
1230
(1) Effective July 1, 2000, the Office of the Public Advocate shall assume all rights, duties,
1231
and powers of the former Division of Public Utilities and the Committee of Consumer Services
1232
with respect to actions filed prior to July 1, 2000.
1233
(2) In order to avoid a conflict with its duties under Section
54-1-1
, in proceedings
1234
commenced prior to July 2000, the Office of the Public Advocate shall retain the services of any
1235
person or entity to represent the public interests in those actions until completed.
Legislative Review Note
as of 2-15-00 8:48 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.