Barker v. Utah Public Service Commission

DURHAM, Justice:

We hear this case on petition for review of a final agency action by the Public Service Commission (the Commission) determining the amount of reasonable attorney fees to be awarded to petitioners John J. Flynn and James L. Barker, Jr. See Utah Code Ann. § 63-46b-16(l). We modify the Commission’s decision as described below.

*705I. FACTS AND PROCEDURAL HISTORY

In 1994, we held that the Commission could not increase U.S. West Communications, Inc.’s (USWC) authorized rate of return on equity above a reasonable rate of return, that the statute permitting a public utility to veto a…