Questar case in Utah top court
Leading the fight against the Salt Lake-based utility are Roger Ball, the former director of the Utah Committee of Consumer Services, and 54 other Questar Gas customers.
At stake is $18 million associated with a special processing plant that removes excess carbon dioxide from natural gas reaching Wasatch Front homes.
Ball is no stranger to the issue. As director of the consumer committee, he championed the same cause, resulting in a 2003 judgment by the state Supreme Court that rejected the plant's costs and led to a $25 million refund, plus $4 million in interest, to Questar Gas customers.
Now Ball is fighting the utility on his own, hoping to secure another refund for Questar customers.
The consumer committee he once directed — along with the Utah Division of Public Utilities and the Public Service Commission — have sided with Questar Gas, arguing that customers should pick up the plant's projected $18 million in costs from 2005 to 2008.
"This is the third time that Questar has come back to try to pass through these identical costs," said Janet Jenson, who represents Ball and the other petitioners. "Questar didn't look at any other ways to address this, except to build the plant through a wholly-owned affiliate and then pass all the costs through to the ratepayers."
Justices questioned whether Ball and the petitioners even had standing to appeal the $18 million processing costs.
Scott Brown, an attorney for Questar Gas, argued Ball cannot be heard in the matter because he filed for standing too late.
"It's kind of like a basketball game that took place. The game is over. The teams are in the locker room and they showed up with their ball and said, 'Play the game over again,"' Brown said. "It's too late at that stage."
Chief Justice Christine Durham said the issue of affiliate dealings sur- rounding the processing plant remained a problem and asked whether those relationships were being ignored.
According to court filings, Questar Gas entered into a contract with its sister company, Questar Transportation, to construct, own and operate the processing plant, without an open bid process.
"If a utility provides safe, reliable and adequate service at just and reasonable rates, it is prudent," Questar Gas said in a brief filed with the court. "It does not matter whether an affiliate is involved."
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