Williams v. Mountain States Telephone & Telegraph Co.

I respectfully dissent. In reviewing the PSC’s interpretation of Utah Code Ann. § 54-8b-3(2) (1986), the majority opinion improperly applies the standard of review. In Utah Department of Administrative Services v. Public Service Commission, 658 P.2d 601, 608 (Utah 1983), this Court set forth three levels of review for examining a PSC order or decision. In the first category, we will afford great deference to PSC findings on matters of basic facts. Factual findings by the PSC will be upheld in the presence of evidence of any substance whatsoever. Id. at 608-09. Where the PSC has engaged in an…