Utah Department of Business Regulation, Division of Public Utilities v. Public Service Commission

HOWE, Justice:

Plaintiff seeks reversal of an order of the Public Service Commission approving a transfer of “Certificate of Convenience and Necessity No. 1468” to applicant Bob Bruce Construction.

Bob Bruce Construction (applicant) is a South Dakota sole proprietorship owned by Bob Bruce, a native American. In early 1984, the applicant was awarded a subcontract by Kiewit Western Company for hauling excavation materials and asphalt at a project near the Salt Lake City airport. He was invited to bid on the project by the Utah Department of Transportation. The project was federally funded, and…