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S.J.R. 4 Enrolled

                 

RESOLUTION URGING THAT A PUBLIC

                 
HEARING BE HELD ON THE STRUCTURE OF

                 
THE PUBLIC SERVICE COMMISSION

                 
2003 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Ed P. Mayne

                  This joint resolution of the Legislature urges the Public Utilities and Technology Interim
                  Committee to conduct a public hearing at which public comment could be received
                  concerning whether the Public Service Commission should be restructured, including
                  whether commissioners of the Public Service Commission should be elected.
                  Be it resolved by the Legislature of the state of Utah:
                      WHEREAS, access to utility service that is safe, reliable, adequate, and reasonably
                  priced is critical to the strength of Utah's economy and the quality of life of Utah's citizens;
                      WHEREAS, the Public Service Commission, acting as an independent state agency
                  with legislative, adjudicative, and rulemaking authority, has traditionally been charged with the
                  regulation of public utilities to ensure that rates are just and reasonable and that services are
                  adequate, efficient, just, and reasonable;
                      WHEREAS, in recent years the scope and nature of issues facing the Public Service
                  Commission have substantially changed because some traditional utility industries have opened
                  to competition, new regulatory frameworks have developed on both the federal and state levels,
                  and the complexity of utility markets has increased;
                      WHEREAS, the actions of the Public Service Commission have substantial, long-range
                  consequences on the daily lives of Utah citizens including direct impacts on utility consumers,
                  utility companies, and the economic health of the state;
                      WHEREAS, because of the substantial, long-term consequences of the Public Service
                  Commission's actions, it is important that the structure of the Public Service Commission is
                  designed to meet the needs of the state;
                      WHEREAS, a key element of the structure of the Public Service Commission is how
                  members of the Public Service Commission are selected and removed;


                      WHEREAS, the Legislature has a variety of policy options available in designing the
                  structure of the Public Service Commission including having the commissioners elected by the
                  people;
                      WHEREAS, it is important for the Legislature to know the desires of Utah citizens as to
                  whether the Public Service Commission should be restructured; and
                      WHEREAS, a public forum may be the most effective way to obtain a broad
                  cross-section of input from Utah citizens including both individual and corporate citizens of
                  Utah:
                      NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah urges
                  the Public Utilities and Technology Interim Committee to conduct a public hearing:
                      (1) in accordance with:
                      (a) Interim Rule 2.06;
                      (b) Senate Rule 24.14; and
                      (c) House Rule 24.14; and
                      (2) at which the Public Utilities and Technology Interim Committee could receive
                  testimony as to whether or not the Public Service Commission should be restructured, including
                  whether or not the manner by which a commissioner is selected or removed should be changed.
                      BE IT FURTHER RESOLVED that the public hearing to be conducted by the Public
                  Utilities and Technology Interim Committee should be held by no later than September 30, 2003.
                      BE IT FURTHER RESOLVED that the Public Utilities and Technology Interim
                  Committee should use its best efforts to ensure that all interested parties have an opportunity to
                  participate in the public hearing including:
                      (1) the Public Service Commission;
                      (2) the Division of Public Utilities;
                      (3) the Committee of Consumer Services;
                      (4) providers of utility services in this state; and
                      (5) industrial, commercial, and residential consumers of utility services.

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