Keep the public in PSC

Deseret Morning News editorial
Published: Monday, June 11, 2007 12:17 a.m. MDT
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Utah's appointed Public Service Commission is a public body responsible for utility regulation. It is subject to many provisions of the Utah Open and Public Meetings Act. It is a quasi-judicial entity but nonetheless a public entity — unless the public is squeezed out of it.

That's what Questar Gas has asked the PSC to do. The natural gas utility has recommended that the PSC adopt administrative rules that would restrict individual Utahns from fully participating in rate cases.

The PSC needs to reject this recommendation out of hand. While it may not violate the letter of the petition clause of the First Amendment, it violates the spirit. It's a huge public relations gaffe on the part of Questar, which enjoys a near-monopoly status in Utah's marketplace.

If people can't play a substantive role in a hearing regarding proposed utility rate changes, what is their avenue of redress? Must they be represented by legal counsel to have their point of view heard by a public entity? No other governmental entity operates under such conditions, including the PSC. That should not change.

PSC members or parties with matters before the commission may not enjoy the idea of a public process. No question, public processes can be messy and time consuming. People have a right to petition their government and by virtue of election or political appointment, public officials have a duty to hear the public.

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It does not escape notice that Questar's recommendation appears to be tailor-made for consumer advocates such as Roger Ball, former chairman of the Committee of Consumer Services, who has attempted to intervene in the past couple of cases involving Questar. Ball fought one of those issues all the way to the Utah Supreme Court, which is expected to rule this summer.

There's no doubt that Questar wishes it didn't have to contend with the likes of Ball. But it has to cope with all aspects of a regulatory system. The national trend in recent years has shifted to deregulating public utilities, but Utah isn't there yet. As the PSC contemplates new administrative rules regarding the role of individual Utahns in rate cases, they should opt for the existing process.

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