State Codes and Statutes
Statutes > Utah > Title-54 > Chapter-04a > 54-4a-154-4a-1. Establishment of division -- Functions.
(1) There is established within the Department of Commerce a Division of PublicUtilities that may:
(a) commence original proceedings, file complaints, appear as a party, present factualinformation and evidence, examine witnesses, advocate policy recommendations, commenceappeals, otherwise participate in proceedings before the Public Service Commission, and engagein all other activities consistent with its statutory responsibilities;
(b) commence original proceedings, file complaints, appear as a party, appeal, andotherwise represent the public interest in matters and proceedings involving regulation of apublic utility pending before any officer, department, board, agency, commission, governmentalauthority, or court of Utah, of another state, or of the United States, and may intervene in, protest,resist, or advocate the granting, denial, or modification of any petition, application, complaint, orother proceeding, or any decision or order of any of those governmental authorities;
(c) investigate or study, upon complaint, upon order of the Public Service Commission,or upon its own initiative, any matter within the jurisdiction of the commission;
(d) conduct audits and inspections, or take enforcement actions regarding any matterwithin the jurisdiction of the commission in order to insure compliance with decisions, orders,and policies of the Public Service Commission, either upon order of the commission or upon itsown initiative;
(e) require any person or entity subject to the jurisdiction of the Public ServiceCommission to:
(i) provide information, reports, and other data compilations relevant to matters withinthe jurisdiction of the commission;
(ii) provide access to inspect and copy records and other data compilations relevant tomatters within the jurisdiction of the commission;
(iii) permit inspection of properties and tangible things used in providing public utilityservice; and
(iv) engage in other methods of discovery authorized by the commission;
(f) receive complaints from any person or entity regarding matters within jurisdiction ofthe Public Service Commission;
(g) review applications filed with the Public Service Commission and presentrecommendations to the commission on the disposition of those applications;
(h) make recommendations regarding public utility regulatory policy and long-rangeplanning on matters within the jurisdiction of the Public Service Commission; and
(i) engage in settlement negotiations and make stipulations or agreements regardingmatters within the jurisdiction of the Public Service Commission.
(2) (a) Any investigations, studies, audits, inspections, enforcement actions, or requestsfor discovery of information pursuant to Subsection (1)(c), (d), or (e), shall be preceded byreasonable advance notice to the person or entity against whom investigation, study, audit,inspection, enforcement, or discovery is sought.
(b) The targeted person or entity may require that a complaint or other formal proceedingbe instituted with the Public Service Commission prior to the commencement of theinvestigation, study, audit, inspection, enforcement, or discovery by the division pursuant toSubsection (1)(c), (d), or (e).
(3) Any settlements, stipulations, or other forms of compromise or agreement negotiated
by the division shall be approved by the commission before becoming effective.
Amended by Chapter 225, 1989 General Session
