(1)  The office shall:

Terms Used In Utah Code 54-10a-301

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Commission: means the Public Service Commission. See Utah Code 54-2-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
(a)  assess the impact of utility rate changes and other regulatory actions related to an applicable public utility on:

(i)  residential consumers; and

(ii)  small commercial consumers;

(b)  assist a residential consumer or a small commercial consumer in appearing before the commission; and

(c)  through its director, advocate, on the office’s own behalf and in its own name, a position most advantageous to:

(i)  residential consumers; and

(ii)  small commercial consumers.

(2) 

(a)  The director may bring an original action in the name of the office before:

(i)  the commission; or

(ii)  a court having appellate jurisdiction over an order or decision of the commission.

(b)  The director on behalf of the office may:

(i)  commence an original proceeding, file a complaint, appear as a party, appeal, or otherwise represent residential consumers or small commercial consumers in a matter or a proceeding involving regulation of an applicable public utility pending before one or more of the following of the federal government:

(A)  an officer, department, board, agency, commission, or governmental authority; or

(B)  a court; or

(ii)  intervene in, protest, resist, or advocate the granting, denial, or modification of a petition, application, complaint, or other proceeding, decision, or order of a governmental authority of the federal government.

Renumbered and Amended by Chapter 237, 2009 General Session