Legal Opinion

Kearns-Tribune Corp. v. Public Service Commission

Utah Supreme Court

Decided May 1, 1984No. 19208, 19209PublishedCited by 7 opinions

1Opinion of the Court

DURHAM, Justice:

Kearns-Tribune Corporation and Mountain Fuel Supply Company (Mountain Fuel) challenge a rule of the Utah Public Service Commission (PSC) imposing a “tagline” requirement on certain advertising by Mountain Fuel. We set aside the rule for lack of statutory authority.

Paragraph 3 of the PSC’s rule A67-05-100 states that “[a]ll electric and natural gas utility advertising which is promotional, institutional, or political in nature must clearly identify its source of funding.” In its practical effect, the rule has resulted in Mountain Fuel’s including a tagline on its promotional,…

2Cases cited5 opinions

  1. Consolidated Edison Co. of New York v. Public Service CommissionSupreme Court of the United States · 1980
  2. Utah Department of Administrative Services v. Public Service CommissionUtah Supreme Court · 1983
  3. Consolidated Edison Co. v. Public Service Commission of New YorkNew York Court of Appeals · 1979
  4. Pacific Northwest Bell Telephone Co. v. DavisCourt of Appeals of Oregon · 1979
  5. Basin Flying Service v. Public Service CommissionUtah Supreme Court · 1975

3Cited by7 opinions

  1. Hurley v. Board of Review of the Industrial Commission of Utah, Department of Employment SecurityUtah Supreme Court · 1988
  2. Mountain Fuel Supply Co. v. Public Service CommissionUtah Supreme Court · 1993
  3. Mountain States Telephone & Telegraph Co. v. Public Service CommissionUtah Supreme Court · 1988
  4. Hi-Country Estates Homeowners Ass'n v. Bagley & Co.Utah Supreme Court · 1995
  5. Bear Hollow Restoration, LLC v. Public Service Commission of UtahUtah Supreme Court · 2012

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