reglab/statecodes huggingface dataset:
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 23 - Accounts and records of utilities.

54-4-23.
Accounts and records of utilities.
The commission shall have power to establish a system of accounts to be kept by public utilities subject to its jurisdiction, to classify said public utilities and to establish a system of accounts for each class and to prescribe the manner in which such accounts shall be kept. It may also, in its discretion prescribe the forms of accounts, records and memoranda to be kept by such public utilities, including accounts, records and memoranda of the movement of traffic as well as of the receipts and expenditures of money, and any other forms, records and memoranda which in the judgment of the commission may be necessary to carry out any of the provisions of this title. The system of accounts established by the commission and the forms of accounts, records and memoranda prescribed by it shall not be inconsistent, in the case of corporations subject to the provisions of the Act of Congress entitled, "An Act to Regulate Commerce," approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, with the system and forms from time to time established for such corporations by the Interstate Commerce Commission; but nothing herein contained shall affect the power of the commission to prescribe forms of accounts, records and memoranda covering information in addition to that required by the Interstate Commerce Commission. The commission may, after hearing had upon its own motion or upon complaint, prescribe by order the accounts in which particular outlays and receipts shall be entered, charged or credited. When the commission shall have prescribed the forms of accounts, records or memoranda to be kept by any public utility corporation for any of its business it shall thereafter be unlawful for such public utility to keep any accounts, records or memoranda for such business other than those so prescribed or those prescribed by or under the authority of any other state or of the United States, excepting such accounts, records or other memoranda as shall be explanatory of and supplemental to the accounts, records or memoranda prescribed by the commission.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 24 - Depreciation accounts and fund.

54-4-24.
Depreciation accounts and fund.
The commission shall have power to require any or all public utilities to carry a proper and adequate depreciation account in accordance with such rules, regulations and forms of account as the commission may prescribe. The commission may from time to time ascertain, determine and, by order, fix the proper and adequate rates of depreciation of the several classes of property of each public utility. Each public utility shall conform its depreciation accounts to the rates so ascertained, determined and fixed, and shall set aside the money so provided for out of earnings and carry the same in a depreciation fund and expend such fund only for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement, as the commission may prescribe. The income upon investments of money in such fund shall likewise be carried in such fund.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 26 - Contracts calling for expenditures -- Commission to approve.

54-4-26.
Contracts calling for expenditures -- Commission to approve.
Every public utility when ordered by the commission shall, before entering into any contract for construction work or for the purchase of new facilities or with respect to any other expenditures, submit such proposed contract, purchase or other expenditure to the commission for its approval; and, if the commission finds that any such proposed contract, purchase or other expenditure diverts, directly or indirectly, the funds of such public utility to any of its officers or stockholders or to any corporation in which they are interested, or is not proposed in good faith for the economic benefit of such public utility, the commission shall withhold its approval of such contract, purchase or other expenditure, and may order other contracts, purchases or expenditures in lieu thereof for the legitimate purposes and economic welfare of such public utility.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 27 - Payment of dividends -- Notice -- Restraint.

54-4-27.
Payment of dividends -- Notice -- Restraint.
(1) No gas or electric corporation doing business in this state shall pay any dividend upon its common stock prior to 30 days after the date of the declaration of such dividend by the board of directors of such utility corporation.
(2) Within five days after the declaration of such dividend the management of such corporation shall:
(a) notify the utilities commission in writing of the declaration of said dividend, the amount thereof, the date fixed for payment of the same; and
(b) publish a notice, including the information described in Subsection (2)(a):
(i) in a newspaper having general circulation in the city or town where its principal place of business is located; and
(ii) as required in Section 45-1-101.
(3) If the commission, after investigation, shall find that the capital of any such corporation is being impaired or that its service to the public is likely to become impaired or is in danger of impairment, it may issue an order directing such utility corporation to refrain from the payment of said dividend until such impairment is made good or danger of impairment is avoided.
(4) The district court of any county in which said utility is doing business in this state is authorized upon a suit by the commission to enforce the order of the commission, and empowered to issue a restraining order pending final determination of the action.
Amended by Chapter 388, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 28 - Merger, consolidation, or combination.

54-4-28.
Merger, consolidation, or combination.
No public utility shall combine, merge nor consolidate with another public utility engaged in the same general line of business in this state, without the consent and approval of the Public Service Commission, which shall be granted only after investigation and hearing and finding that such proposed merger, consolidation or combination is in the public interest.
Amended by Chapter 9, 2001 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 29 - Acquiring voting stock or securities of like utility only on consent of commission.

54-4-29.
Acquiring voting stock or securities of like utility only on consent of commission.
Hereafter no public utility shall purchase or acquire any of the voting securities or the secured obligations of any other public utility engaged in the same general line of business without the consent and approval of the Public Service Commission, which shall be granted only after investigation and hearing and finding that such purchase and acquisition of such securities, or obligations, will be in the public interest.
Amended by Chapter 9, 2001 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 30 - Acquiring properties of like utility only on consent of commission.

54-4-30.
Acquiring properties of like utility only on consent of commission.
Hereafter no public utility shall acquire by lease, purchase or otherwise the plants, facilities, equipment or properties of any other public utility engaged in the same general line of business in this state, without the consent and approval of the Public Service Commission. Such consent shall be given only after investigation and hearing and finding that said purchase, lease or acquisition of said plants, equipment, facilities and properties will be in the public interest.
Amended by Chapter 9, 2001 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 31 - Electrical corporation to issue securities only on consent of commission -- Exceptions -- Validity of securities.

54-4-31.
Electrical corporation to issue securities only on consent of commission -- Exceptions -- Validity of securities.
(1) Except as provided by Subsection (2) or (4), without prior written approval of the commission, no electrical corporation may:
(a) issue any security; or
(b) assume any obligation or liability as guarantor, endorser, surety, or otherwise, for any security of another person relating to the financing of pollution control revenue bonds.
(2)
(a) Authorization of the commission is not required for the issuance or renewal of, or assumption of liability on, a note or draft if:
(i) the maturity date of the note or draft is not more than one year after the date of the issue, renewal, or assumption of liability; and
(ii) the aggregate value of the note or draft together with all other outstanding notes and drafts of a maturity of one year or less on which the public utility is primarily or secondarily liable is not more than 5% of the par value of the other outstanding securities of the public utility.
(b) In the case of securities having no par value, the par value for the purpose of this section is the fair market value as of the date of issue.
(3) Any securities issued pursuant to an order entered by authority of this section shall be valid notwithstanding the outcome of any further proceedings, unless:
(a) application for stay is filed with a court of competent jurisdiction within five days following the issuance of the order; and
(b) a stay is entered by the commission or a court of competent jurisdiction within 10 days after the order is issued.
(4) The commission may by rule, or by order pursuant to standards promulgated by rule, exempt any security, class of securities, electrical corporation, or class of electrical corporation from the requirement of Subsection (1), subject to any terms and conditions prescribed in the order or rule, if it finds that the application of Subsection (1) to the security, class of securities, electrical corporation, or class of electrical corporation is not required by the public interest.
Amended by Chapter 206, 1997 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 39 - Natural gas derived from new technologies -- Long-term contracts.

54-4-39.
Natural gas derived from new technologies -- Long-term contracts.
(1) As used in this section:
(a) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
(b) "Long-term contract" means a contract greater than five years in duration, but no greater than 10 years in duration.
(c) "Oil shale" means a group of fine black to dark brown shales containing bituminous material that yields petroleum upon distillation.
(d) "Tar sands" means impregnated sands that yield mixtures of liquid hydrocarbon and require further processing other than mechanical blending before becoming finished petroleum products.
(2) The commission shall approve a long-term contract for the sale of natural gas derived from coal-to-liquid, oil shale, or tar sands technology to a utility if the commission considers the contract prudent.
Enacted by Chapter 346, 2006 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 40 - Approval of certain agreements between an electrical corporation and a municipality.

Effective 5/12/2015
54-4-40.
Approval of certain agreements between an electrical corporation and a municipality.
(1) The commission shall review an agreement entered into between an electrical corporation and a municipality if the electrical corporation is required to obtain commission approval in accordance with Section 10-8-14, 54-3-30, or 54-3-31.
(2) The requirements of Subsection (1) do not confer jurisdiction on the commission to regulate any electric service provided by a municipality.
(3) The commission shall provide public notice of an agreement described in Subsection (1) no later than three business days after the day on which the commission receives an application to approve the agreement.
(4) An agreement described in Subsection (1) is approved 20 days after the day on which the commission posts the notice described in Subsection (3) unless, before the agreement is approved:
(a) the commission:
(i) determines that additional time is warranted and in the public interest; and
(ii) notifies the parties to the agreement of the commission's determination; or
(b) a person that the agreement affects submits a request to the commission, in writing, that the commission:
(i) hold a public hearing regarding the agreement; or
(ii) provide additional time for the person to investigate the agreement.
Amended by Chapter 318, 2015 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4 - Authority of Commission Over Public Utilities › Section 42 - Utility Bill Assistance Program.

Effective 3/9/2023
54-4-42.
Utility Bill Assistance Program.
(1) As used in this section:
(a) "Division" means the Division of Public Utilities established in Section 54-4a-1.
(b) "Eligible customer" means the same as that term is defined in Section 54-7-13.6.
(c) "Existing credit" refers to bill payment assistance provided under Section 54-7-13.6.
(d) "Large-scale utility" means a large-scale electric utility or a large-scale natural gas utility.
(e) "Program" means the Utility Bill Assistance Program created in this section.
(2)
(a) There is created in the Department of Commerce the Utility Bill Assistance Program that shall be administered by the division.
(b) The purpose of the program is to provide credits to eligible customers to use against utility service balances.
(3) A large-scale utility may request approval for a tariff that authorizes the large-scale utility to provide credits to eligible customers from funds available to the program.
(4) The commission shall approve a large-scale utility's tariff request described in Subsection (3) if:
(a) the commission finds the tariff to be in the public interest; and
(b) the tariff does not result in increased costs to the large-scale utility's customers.
(5) The division shall allocate available funds in accordance with a commission-approved tariff of a large-scale utility.
(6) A large-scale utility that receives an allocation under Subsection (5) shall provide credits from funds received under this program to eligible customers to use against utility service balances.
(7)
(a) A credit provided under the program shall be in addition to any existing credit the eligible customer receives.
(b) If a large-scale utility provides an existing credit on a monthly basis, the large-scale utility shall only provide a credit under this section if the eligible customer has a utility service balance after application of an existing credit.
(8) A large-scale utility with an approved tariff under Subsection (4) shall report to the commission semi-annually concerning:
(a) amounts expended since the program's inception or the previous report;
(b) amounts remaining to fund credits; and
(c) verification of customer eligibility.
(9) The division shall report to the Public Utilities, Energy, and Technology Interim Committee concerning the status of the program before November 30 of each year for which credits are provided.
(10) The commission and the division may review records in the possession of a large-scale utility concerning the credits provided in accordance with this section.
(11) The division may administer the program as long as funds appropriated for the program remain.
Enacted by Chapter 23, 2023 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4a - Division of Public Utilities › Section 2 - Director of division -- Appointment -- Authority and responsibility.

54-4a-2.
Director of division -- Appointment -- Authority and responsibility.
The director of the Division of Public Utilities shall be appointed by the executive director of the Department of Commerce and shall serve at the pleasure of the executive director. The director of the Division of Public Utilities is subject to the administrative authority of the executive director of the Department of Commerce and is responsible for the administration and supervision of the division. The director of the Division of Public Utilities shall have authority to adopt internal organizational measures to effectuate efficiency and economy in the management and operation of the division.
Amended by Chapter 225, 1989 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4a - Division of Public Utilities › Section 3 - Budget of division -- Employment of personnel.

Effective 7/1/2021
54-4a-3.
Budget of division -- Employment of personnel.
(1) The annual budget of the Division of Public Utilities shall provide sufficient funds for the division to hire, develop, and organize a technical and professional staff to perform the duties, powers, and responsibilities committed to it by statute.
(2) The division director may:
(a) hire economists, accountants, engineers, inspectors, statisticians, lawyers, law clerks, and other technical and professional experts as may be required;
(b) retain additional experts as required for a particular matter, but only to the extent that it is necessary to supplement division staff in order to fulfill its duties; and
(c) employ necessary administrative and support staff.
(3)
(a) The Division of Human Resource Management shall determine pay schedules using standard techniques for determining compensation.
(b) The Division of Human Resource Management may make the division's compensation determinations based upon compensation common to utility companies throughout the United States.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4a - Division of Public Utilities › Section 4 - Legal counsel.

54-4a-4.
Legal counsel.
The attorney general shall appoint sufficient full time legal counsel to assist, advise, and represent the division and its staff in the discharge of its duties and in all proceedings before the Public Service Commission, and in all other proceedings.
Enacted by Chapter 246, 1983 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4a - Division of Public Utilities › Section 5 - Interests, relationships, and actions by employees prohibited.

54-4a-5.
Interests, relationships, and actions by employees prohibited.
No employee of the Division of Public Utilities shall, while so employed:
(1) have any pecuniary interest, whether as the holder of stock or other securities, or otherwise have any conflict of interest with any public utility or other entity subject to the jurisdiction of the commission;
(2) have any office, position, or relationship, or be engaged in any business or avocation which interferes or is incompatible with the effective and objective fulfillment of the duties of office or employment with the division;
(3) accept any gift, gratuity, emolument, or employment from any public utility or any other entity subject to the jurisdiction of the commission or from any officer, agent, or employee thereof; or
(4) solicit, suggest, request, or recommend, directly or indirectly, the appointment of any person or entity to any office or employment with any public utility or other entity subject to the jurisdiction of the Public Service Commission.
Enacted by Chapter 246, 1983 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 4a - Division of Public Utilities › Section 6 - Objectives.

54-4a-6.
Objectives.
In the performance of the duties, powers, and responsibilities committed to it by law, the Division of Public Utilities shall act in the public interest in order to provide the Public Service Commission with objective and comprehensive information, evidence, and recommendations consistent with the following objectives:
(1) promote the safe, healthy, economic, efficient, and reliable operation of all public utilities and their services, instrumentalities, equipment, and facilities;
(2) provide for just, reasonable, and adequate rates, charges, classifications, rules, regulations, practices, and services of public utilities;
(3) make the regulatory process as simple and understandable as possible so that it is acceptable to the public; feasible, expeditious, and efficient to apply; and designed to minimize controversies over interpretation and application;
(4) for purposes of guiding the activities of the Division of Public Utilities, the phrase "just, reasonable, and adequate" encompasses, but is not limited to the following criteria:
(a) maintain the financial integrity of public utilities by assuring a sufficient and fair rate of return;
(b) promote efficient management and operation of public utilities;
(c) protect the long-range interest of consumers in obtaining continued quality and adequate levels of service at the lowest cost consistent with the other provisions of Subsection (4).
(d) provide for fair apportionment of the total cost of service among customer categories and individual customers and prevent undue discrimination in rate relationships;
(e) promote stability in rate levels for customers and revenue requirements for utilities from year to year; and
(f) protect against wasteful use of public utility services.
Enacted by Chapter 246, 1983 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 5 - Public Utilities Regulation Fee › Section 2 - How gross operating revenue is determined.

54-5-2.
How gross operating revenue is determined.
(1) Gross operating revenues of public utilities shall be determined by the executive director of the Department of Commerce from:
(a) the annual gross revenue reports filed with the Public Service Commission; and
(b) other sources of information as the Public Service Commission may by rule prescribe.
(2) If any public utility liable for the payment of the fee assessed under Section 54-5-1.5 fails to file a report showing its gross operating revenue from business derived from its operations within the state for the preceding calendar year on or before April 15th, the executive director of the Department of Commerce shall:
(a) compute or make an estimate of the amount of the fee to be paid by the utility from available information, records, and data; and
(b) assess the fee against the utility.
Amended by Chapter 214, 1993 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 5 - Public Utilities Regulation Fee › Section 3 - Default in payment of fee -- Procedure to collect -- Penalties.

54-5-3.
Default in payment of fee -- Procedure to collect -- Penalties.
(1) If the public utility fee is due and the payment is in default, a lien in the amount of the fee may be filed against the property of the utility and may be foreclosed in an action brought by the executive director of the Department of Commerce in the district court of any county in which property of the delinquent utility is located.
(2)
(a) If the fee computed and imposed under this chapter is not paid within 60 days after it becomes due, the rights and privileges of the delinquent utility shall be suspended.
(b) The executive director of the Department of Commerce shall transmit the name of the utility to the Public Service Commission, which may immediately enter an order suspending the operating rights of the utility.
Amended by Chapter 214, 1993 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 5 - Public Utilities Regulation Fee › Section 4 - Penalties.

Effective 5/8/2018
54-5-4.
Penalties.
Any person or corporation which exercises or attempts to exercise any right or privilege as any such utility during the period for which the operating rights of any such utility are suspended as provided in Section 54-5-3 is guilty of a class B misdemeanor. Each day's violation shall constitute a separate offense. Jurisdiction of such offense shall be held to be in any county in which any part of such transaction of business occurred. Every contract made in violation of this section is unenforceable by such corporation or person.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 1 - Settlement -- Limitation of issues.

54-7-1.
Settlement -- Limitation of issues.
(1) Informal resolution, by agreement of the parties, of matters before the commission is encouraged as a means to:
(a) resolve disputes while minimizing the time and expense that is expended by:
(i) public utilities;
(ii) the state; and
(iii) consumers;
(b) enhance administrative efficiency; or
(c) enhance the regulatory process by allowing the commission to concentrate on those issues that adverse parties cannot otherwise resolve.
(2)
(a) The commission may approve any agreement after considering the interests of the public and other affected persons to use a settlement proposal to resolve a disputed matter.
(b) The commission shall reserve to the parties the right to maintain appropriate confidentiality in the negotiation process even when the commission uses a settlement proposal to resolve a disputed matter.
(3)
(a) At any time before or during an adjudicative proceeding before the commission, the parties, between themselves or with the commission or a commissioner, may engage in settlement conferences and negotiations.
(b) In accordance with this Subsection (3), the commission may adopt any settlement proposal entered into by two or more of the parties to an adjudicative proceeding.
(c) The commission shall notify all parties to an adjudicative proceeding of the terms of any settlement proposal related to the adjudicative proceeding.
(d)
(i) The commission may adopt a settlement proposal if:
(A) the commission finds that the settlement proposal is just and reasonable in result; and
(B) the evidence, contained in the record, supports a finding that the settlement proposal is just and reasonable in result.
(ii) When considering whether to adopt a settlement proposal, the commission shall consider the significant and material facts related to the case.
(e)
(i) The commission may adopt a settlement proposal related to an adjudicative proceeding at any stage of the adjudicative procedure.
(ii) The commission shall conduct a hearing before adopting a settlement proposal if requested by:
(A) any party initiating the adjudicative proceeding;
(B) any party against whom the adjudicative proceeding is initiated; or
(C) an intervening party to the adjudicative proceeding.
(f) The commission shall accept or reject a settlement proposal within a reasonable time.
(4) In cases or procedures involving rate increases as defined in Section 54-7-12, the commission may limit the factors and issues to be considered in its determination of just and reasonable rates.
Amended by Chapter 200, 2003 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 1.5 - Communications between commission personnel and parties restricted.

54-7-1.5.
Communications between commission personnel and parties restricted.
No member of the Public Service Commission, administrative law judge, or commission employee who is or may reasonably be expected to be involved in the decision making process, shall make or knowingly cause to be made to any party any communication relevant to the merits of any matter under adjudication unless notice and an opportunity to be heard are afforded to all parties. No party shall make or knowingly cause to be made to any member of the commission, administrative law judge, or commission employee who is or may reasonably be expected to be involved in the decision making process, an ex parte communication relevant to the merits of any matter under adjudication. Any member of the commission, administrative law judge or commission employee who receives an ex parte communication shall place the communication into the public record of the proceedings and afford all parties an opportunity to comment on the information.
Enacted by Chapter 246, 1983 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 2 - Process -- Service -- Fees.

54-7-2.
Process -- Service -- Fees.
The process issued by the commission or any commissioner shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record, or by any person designated for that purpose by the commission or a commissioner. The person executing any such process shall receive such compensation as may be allowed by the commission, not to exceed the fees prescribed by law for similar services in civil actions, and such fees shall be paid in the same manner as provided herein for payment of the fees of witnesses.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 3 - Subpoena -- Witness fees -- Depositions.

54-7-3.
Subpoena -- Witness fees -- Depositions.
(1)
(a) The commission and each commissioner may administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents, and other evidence in any inquiry, investigation, hearing, or proceeding in any part of the state.
(b)
(i) Each witness who appears by order of the commission or a commissioner shall receive the same fees and mileage for his attendance that are allowed by law to a witness in the district court.
(ii) The party at whose request the witness is subpoenaed shall pay the witness and mileage fee.
(iii) When any witness who has not been required to attend at the request of any party is subpoenaed by the commission, his fees and mileage shall be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid.
(iv) Any witness subpoenaed, except one whose fees and mileage may be paid from the funds of the commission, may at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear and one day's attendance.
(v) If the witness demands the fees at the time of service and they are not paid at that time, he is not required to attend the hearing.
(vi) All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action instituted by the person to whom the fees are payable.
(vii) No witness furnished with free transportation receives mileage for the distance he may have traveled.
(2) The commission or any commissioner or any party may in any investigation before the commission cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for depositions in civil actions in the district courts of this state, and may compel the attendance of witnesses and the production of books, waybills, documents, papers, and accounts.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 4 - Copies, competent evidence.

54-7-4.
Copies, competent evidence.
Copies of any official documents or orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary or the assistant secretary under the official seal of the commission to be true copies of the originals, shall be evidence in the same manner as the originals.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 5 - Orders and certificates to be in writing and entered on records of commission -- Recordation.

54-7-5.
Orders and certificates to be in writing and entered on records of commission -- Recordation.
Every order, authorization or certificate issued or approved by the commission under any provision of this title shall be in writing and entered on the records of the commission. Any such order, authorization or certificate, or a copy thereof or a copy of the record of any such order, authorization or certificate certified by a commissioner or by the secretary or the assistant secretary under the official seal of the commission to be a true copy of the original, may be recorded in the office of the recorder of any county in which is located the principal place of business of any public utility affected thereby or in which is situated any property of any such public utility, and such record shall impart notice of its provisions to all persons. A certificate under the seal of the commission that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same manner and with like effect.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 6 - Fees.

54-7-6.
Fees.
(1) The commission shall charge and collect the following fees: for filing applications for certificates of convenience and necessity, $100 each; for copies of papers and records not required to be certified or otherwise authenticated by the commission, 15 cents for each folio; for certified copies of official documents and orders filed in its office, 20 cents for each folio, and $2 for every certificate under seal affixed thereto; for certifying a copy of any report made by a public utility, $2; for each certified copy of the annual report of the commission, $3; for certified copies of evidence and proceedings before the commission, 50 cents for each folio in the original copy and 25 cents for each folio in the carbon copies.
(2) Fees may not be charged or collected for copies of papers, records, or official documents, except certified copies of evidence and proceedings referred to in this chapter, furnished to public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distributions. However, the commission may fix reasonable charges for publications issued under its authority.
(3) All fees charged and collected under this section shall be paid into the treasury of the state to the credit of the funds appropriated for the use of the commission, but fees for certified copies of evidence and proceedings before the commission which are reported by a shorthand reporter may be collected and retained by the official shorthand reporter of the commission pursuant to rules prescribed by the commission.
Amended by Chapter 101, 1988 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 7 - Books and records of utilities subject to inspection.

54-7-7.
Books and records of utilities subject to inspection.
The commission, each commissioner and each officer and person employed by the commission shall have the right at any and all times to inspect the accounts, books, papers and documents of any public utility, and the commission, each commissioner and any officer of the commission or any employee authorized to administer oaths shall have power to examine under oath any officer, agent or employee of any public utility in relation to the business and affairs of said public utility; provided, that any person other than a commissioner or an officer of the commission demanding such inspection shall produce under the hand and seal of the commission his authority to make such inspection; and provided further, that written record of the testimony or statement so given under oath shall be made and filed with the commission.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 8 - Offices for utility's books and records -- Production for examination.

54-7-8.
Offices for utility's books and records -- Production for examination.
(1) Each public utility shall have an office in a county of this state in which its property or some portion thereof is located, and shall keep in said office all such books, accounts, papers and records as shall be required by the commission to be kept within this state. No books, accounts, papers or records required by the commission to be kept within this state shall be at any time removed from the state except upon such conditions as may be prescribed by the commission.
(2) The commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production within this state at such time and place as it may designate of any books, accounts, papers or records kept by said public utility in any office or place without this state, or at its option verified copies in lieu thereof, so that an examination thereof may be made by the commission or under its direction.
No Change Since 1953
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 9 - Complaints against utilities -- Scope.

54-7-9.
Complaints against utilities -- Scope.
(1) When any public utility violates any provision of law or any order or rule of the commission:
(a) the commission may file a notice of agency action; or
(b) any person, corporation, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural, or manufacturing organization or association, or any body politic or municipal corporation may file a request for agency action.
(2) The notice or request shall specify the act committed or omitted by the public utility that is claimed to be in violation of the law or a rule or order of the commission.
(3) No request for agency action shall be entertained by the commission concerning the reasonableness of any rates or charges of any gas, electrical, water, sewerage, or telephone corporation, unless the request is signed by:
(a) the mayor, the president or chairman of the board of trustees, or the commissioners, or a majority of the council, commission, or other legislative body of the city, county, or town within which the alleged violation occurred; or
(b) by not less than 25 consumers or purchasers, or prospective consumers or purchasers, of the gas, electricity, water, sewerage, or telephone service.
(4) The commission need not dismiss any complaint because of the absence of direct damage to the complainant.
Amended by Chapter 92, 1987 General Session
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 10 - Orders on hearings -- Time effective.

54-7-10.
Orders on hearings -- Time effective.
(1) Orders of the commission shall take effect and become operative on the date issued, except as otherwise provided in the order.
(2) They shall continue in force for the period designated in the order, or until changed or abrogated by the commission.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 11 - Complaints by utilities -- Procedure.

54-7-11.
Complaints by utilities -- Procedure.
Any public utility may request agency action by the commission on any of the grounds upon which requests for agency action are allowed to be filed by other parties. The commission shall follow the same procedure as in other cases.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 12.1 - Depreciation expense.

54-7-12.1.
Depreciation expense.
In determining the depreciation expense of a telephone corporation in any proceeding under Section 54-7-12, the commission shall consider all relevant factors, including the alteration of asset lives to better reflect changes in the economic life of plant and equipment used to provide telecommunications services. A relevant factor to consider shall be the asset lives of existing and emerging competitive telecommunications providers. Nevertheless, the commission shall retain the authority to determine the depreciation expense of telecommunications corporations for ratemaking purposes.
Enacted by Chapter 269, 1995 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 12.9 - Gross receipts tax decrease on electrical corporations -- Tariffs -- Procedure.

54-7-12.9.
Gross receipts tax decrease on electrical corporations -- Tariffs -- Procedure.
(1) As used in this section:
(a)
(i) "electrical corporation" includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state, that:
(A) pays property taxes under Title 59, Chapter 2, Property Tax Act; and
(B) is subject to rate regulation by the commission; and
(ii) "electrical corporation" does not include independent energy producers, or electricity that is generated on or distributed by the producer solely for the producer's own use, the use of the producer's tenants, or for the use of members of an association of unit owners formed under Title 57, Chapter 8, Condominium Ownership Act, and not for sale to the public generally; and
(b) "gross receipts tax" means the tax:
(i) imposed by Title 59, Chapter 8a, Gross Receipts Tax on Electrical Corporations Act; and
(ii) repealed by Laws of Utah 2006, Chapter 221, Section 5.
(2) An electrical corporation shall:
(a) file new tariffs with the commission on or before July 31, 2006 as part of its 2006 general rate case revenue requirement:
(i) reflecting the decrease in the electrical corporation's rates as a result of the repeal of the gross receipts tax by Laws of Utah 2006, Chapter 221, Section 5; and
(ii) spreading the amount of the decrease described in Subsection (2)(a)(i) among all classes of the electrical corporation's customers on the same basis that the gross receipts tax was allocated to each class of the electrical corporation's customers under the rates effective on the day on which the rate determined by the commission take effect under the electrical corporation's 2006 general rate case filed on or before September 1, 2006; and
(b) on or before the day on which the electrical corporation files new tariffs with the commission under Subsection (2)(a), file with the commission a complete report of the calculation of the allocation required by this section.
Amended by Chapter 250, 2008 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 14.5 - Rescission or amendment of orders or decisions.

54-7-14.5.
Rescission or amendment of orders or decisions.
(1) The commission may, at any time after providing an affected utility notice and an opportunity to be heard, rescind, alter, or amend any order or decision made by the commission.
(2) An order rescinding, altering, or amending an original commission order or decision shall have the same effect on the public utility as the original order or decision.
Enacted by Chapter 319, 2009 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 15 - Review or rehearing by commission -- Application -- Procedure -- Prerequisite to court action -- Effect of commission decisions.

Effective 5/12/2020
54-7-15.
Review or rehearing by commission -- Application -- Procedure -- Prerequisite to court action -- Effect of commission decisions.
(1) Before seeking judicial review of the commission's action, any party, stockholder, bondholder, or other person pecuniarily interested in the public utility who is dissatisfied with an order of the commission shall meet the requirements of this section.
(2)
(a) After any order or decision has been made by the commission, any party to the action or proceeding, any stockholder, bondholder, or other party pecuniarily interested in the public utility affected may apply for rehearing of any matters determined in the action or proceeding.
(b) An applicant may not urge or rely on any ground not set forth in the application in an appeal to any court.
(c) Any application for rehearing not granted by the commission within 30 days is denied.
(d)
(i) If the commission grants any application for rehearing without suspending the order involved, the commission shall issue its decision on rehearing within 30 days after final submission.
(ii) If the commission fails to render its decision on rehearing within 30 days, the order involved is affirmed.
(e) Unless an order of the commission directs that an order is stayed or postponed, an application for review or rehearing does not excuse any corporation or person from complying with and obeying any order or decision of the commission.
(3) Any order or decision on rehearing that abrogates, changes, or modifies an original order or decision has the same effect as an original order or decision, but does not affect any right, or the enforcement of any right, arising from the original order or decision unless ordered by the commission.
(4) An order of the commission, including a decision on rehearing:
(a) has effect only with respect to a public utility that is an actual party to the proceeding in which the order is rendered; and
(b) does not determine any right, privilege, obligation, duty, constraint, burden, or responsibility with respect to a public utility that is not a party to the proceeding in which the order is rendered unless, in accordance with Subsection 63G-3-201(6), the commission makes a rule that incorporates the one or more principles of law that:
(i) are established by the order;
(ii) are not in commission rules at the time of the order; and
(iii) affect the right, privilege, obligation, duty, constraint, burden, or responsibility with respect to the public utility.
Amended by Chapter 23, 2020 General Session
2023 Utah Code › Title 54 - Public Utilities › Chapter 7 - Hearings, Practice, and Procedure › Section 18 - Preference of actions and proceedings on courts' calendars.

54-7-18.
Preference of actions and proceedings on courts' calendars.
(1) The courts of this state shall consider, hear, and determine all actions and proceedings under this chapter, and all actions and proceedings to which the commission or the state of Utah is a party, in which any question arises under this title or under or concerning any order or decision of the commission before considering, hearing, or determining all other civil causes except election causes.
(2) If the commission requests it, the courts shall grant the same preference to the commission in any action or proceeding in which the commission is allowed to intervene.
Amended by Chapter 161, 1987 General Session