Chief Sponsor: Kay J. Christofferson

Senate Sponsor: David P. Hinkins


8     Committee Note:
9          The Public Utilities, Energy, and Technology Interim Committee recommended this
10     bill.
11               Legislative Vote:     16 voting for     0 voting against     0 absent
12     General Description:
13          This bill modifies the Public Utilities code by amending provisions relating to the
14     Public Service Commission's review or rehearing procedures.
15     Highlighted Provisions:
16          This bill:
17          ▸     extends the deadline for the Public Service Commission to act on an application for
18     review or rehearing of an order or decision of the commission; and
19          ▸     extends the deadline for the Public Service Commission to issue its decision on
20     rehearing.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          54-7-15, as last amended by Laws of Utah 2009, Chapter 347


29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 54-7-15 is amended to read:
31          54-7-15. Review or rehearing by commission -- Application -- Procedure --
32     Prerequisite to court action -- Effect of commission decisions.
33          (1) Before seeking judicial review of the commission's action, any party, stockholder,
34     bondholder, or other person pecuniarily interested in the public utility who is dissatisfied with
35     an order of the commission shall meet the requirements of this section.
36          (2) (a) After any order or decision has been made by the commission, any party to the
37     action or proceeding, any stockholder, bondholder, or other party pecuniarily interested in the
38     public utility affected may apply for rehearing of any matters determined in the action or
39     proceeding.
40          (b) An applicant may not urge or rely on any ground not set forth in the application in
41     an appeal to any court.
42          (c) Any application for rehearing not granted by the commission within [20] 30 days is
43     denied.
44          (d) (i) If the commission grants any application for rehearing without suspending the
45     order involved, the commission shall issue its decision on rehearing within [20] 30 days after
46     final submission.
47          (ii) If the commission fails to render its decision on rehearing within [20] 30 days, the
48     order involved is affirmed.
49          (e) Unless an order of the commission directs that an order is stayed or postponed, an
50     application for review or rehearing does not excuse any corporation or person from complying
51     with and obeying any order or decision of the commission.
52          (3) Any order or decision on rehearing that abrogates, changes, or modifies an original
53     order or decision has the same effect as an original order or decision, but does not affect any
54     right, or the enforcement of any right, arising from the original order or decision unless ordered
55     by the commission.
56          (4) An order of the commission, including a decision on rehearing:
57          (a) has effect only with respect to a public utility that is an actual party to the
58     proceeding in which the order is rendered; and

59          (b) does not determine any right, privilege, obligation, duty, constraint, burden, or
60     responsibility with respect to a public utility that is not a party to the proceeding in which the
61     order is rendered unless, in accordance with Subsection 63G-3-201(6), the commission makes
62     a rule that incorporates the one or more principles of law that:
63          (i) are established by the order;
64          (ii) are not in commission rules at the time of the order; and
65          (iii) affect the right, privilege, obligation, duty, constraint, burden, or responsibility
66     with respect to the public utility.