Utility Ratepayers Federation v. Public Service Commission

Utah Supreme Court
Utility Ratepayers Federation v. Public Service Commission, 735 P.2d 47 (Utah 1987)
54 Utah Adv. Rep. 15; 1987 Utah LEXIS 674
Durham, Stewart

Utility Ratepayers Federation v. Public Service Commission

Opinion of the Court

ORDER

The petition for writ of mandamus or, in the alternative, for writ of certiorari of The *48Utility Ratepayers Federation has been considered by this Court and is denied.

The petition for writ of certiorari of Des-eret Generation and Transmission has been considered by this Court and is denied.

In denying the petition of The Utility Ratepayers Federation, the Court notes with some concern the fact that The Utility Ratepayers Federation suggests in its papers before this Court that it seeks somewhat broader relief against Utah Power & Light than does the Utah Division of Public Utilities. However, any legitimate concern that the Division will not adequately represent the views of all ratepayers is premature. As the Division indicates in its papers before this Court, it is entirely within the scope of its authority for the Division to press all legitimate claims of all ratepayers, and we must assume that the Division will present all substantial, legitimate concerns of ratepayers to the Commission.

Concurring Opinion

DURHAM, Justice:

(concurring)

I write separately to make explicit what I view as implicit in the Court’s order, namely, that we will assume proper representation of ratepayer interests by the Division unless and until at least a prima facie factual showing to the contrary can be made.

STEWART, C.J., dissents.

Reference

Full Case Name
The UTILITY RATEPAYERS FEDERATION v. PUBLIC SERVICE COMMISSION, Defendant DESERET GENERATION AND TRANSMISSION v. PUBLIC SERVICE COMMISSION OF UTAH Ted Stewart, Chairman Brent H. Cameron, Commissioner and James M. Byrne, Commissioner
Status
Published