Utah Department of Business Regulation v. Public Service Commission

ZIMMERMAN, Justice:

The Department of Business Regulation' asks this Court to reverse two orders issued by the Utah Public Service Commission (“PSC”) which allowed Utah Power & Light (“UP & L”) to transfer $6 million from an energy balancing account (“EBA”) to UP & L’s general revenue account. The Department of Business Regulation argues that the PSC’s actions amounted to retroactive rate making. We agree and reverse.

Some background discussion concerning utility rate making is necessary to a consideration of the issues presented. Following lengthy hearings, utility rates are fixed…