The ALJ denied Complainants' request for the production of Respondent's personnel's notes on contacts with Complainants because such notes have no relevance to the issues in this matter. Applicable Law We begin our analysis of this case with the premise that the Commission is a creature of the Utah Legislature and can exercise only the authority specifically delegated by the Commission's enabling statutes or fairly inferable from the explicit grant. When complaint has been made to the Commission concerning any rate, fare, toll, rental, or charge for any product or commodity furnished or service performed by any public utility, and the Commission has found, after investigation, that the public utility has charged an amount for such product, commodity, or service in excess of the schedules, rates, and tariffs on file with the Commission, or has charged an unjust, unreasonable, or discriminatory amount against the complainant, the Commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection. The Commission does, of course, have authority to deal with other issues, such as service adequacy or utility practices. Although Respondent has filed its catalog of unregulated services with the Commission, that does not put it under Commission authority.
Federal law preempts state.
Unfortunately for Complainants' position, there is no legal requirement that Respondent bill separately for regulated and unregulated service, nor that it may terminate service only for unpaid regulated charges. Just as a wholesale vendor may cut off the further extension of credit for a delinquent account, so may a utility shut off service for a delinquent account, whether the dispute involves regulated or unregulated service. There is no dispute in this case that the service call was made or that work was performed. Whether Respondent wishes to charge a flat rate for such work, or charge by the hour, is within its discretion. Complainants' fall-back position is that the second charge is unjustified by the triviality of the work actually performed.