Title 54, Title 54: Public Utilities

54-7-19. Valuation of utilities -- Procedure -- Findings conclusive evidence. (1) In determining the value, or revaluing the property of a public utility as required by Section, the commission may hold hearings. 54-4-21 The commission may make a preliminary examination or investi…

54-7-2. Process -- Service -- Fees. The process issued by the commission or any commissioner shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record, or by any person designated for that purpose by the commission or …

54-7-20. Reparations -- Courts to enforce commission's orders -- Limitation of action. (1) When complaint has been made to the commission concerning any rate, fare, toll, rental or charge for any product or commodity furnished or service performed by any public utility, and the c…

54-7-21. Commission charged with enforcing laws -- Attorney general to aid. The commission shall see that the provisions of the Constitution and statutes of this state affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribuna…

54-7-23. Penalties. (1) This title shall not have the effect to release or waive any right of action by the state, the commission or any person for any right, penalty or forfeiture, which may have arisen or accrued or may hereafter arise or accrue under any law of this state. (2)…

54-7-24. Injunction to stop violations or threatened violations. Whenever the commission, or the Department of Transportation where the safety of public carriers is involved, shall be of the opinion that any public utility is failing or omitting, or is about to fail or omit, to d…

54-7-25. Violations by utilities -- Penalty. (1) Any public utility that violates or fails to comply with this title or any rule or order issued under this title, in a case in which a penalty is not otherwise provided for that public utility, is subject to a penalty of not less t…

54-7-26. Violations by officers or agents of utility -- Penalty. Every officer, agent, or employee of any public utility who violates or fails to comply with, or who procures, aids, or abets any violation by any public utility of any provision of the Constitution of this state or…

54-7-27. Violations by corporations other than utilities -- Penalty. Every corporation, other than a public utility, which violates any provision of this title, or which fails to obey, observe or comply with any order, decision, rule, direction, demand or requirement, or any part…

54-7-28. Violations by individuals -- Penalty. Every person who, either individually, or acting as an officer, agent, or employee of a corporation other than a public utility, violates any provision of this title or fails to observe, obey, or comply with any order, decision, dire…

54-7-29. Actions to recover fines and penalties. Actions to recover penalties under this title shall be brought in the name of the state of Utah. In any such action all penalties incurred up to the time of commencing the same may be sued for and recovered. All fines and penalties…

54-7-3. Subpoena -- Witness fees -- Depositions. (1) The commission and each commissioner may administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents, and other evidence…

54-7-30. Interstate commerce -- Title does not apply. Neither this title nor any provisions thereof, except when specifically so stated, shall apply to or be construed to apply to commerce with foreign nations or commerce among the several states of this Union, except insofar as …

54-7-4. Copies, competent evidence. Copies of any official documents or orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary or the assistant secretary under the official seal of the commission to be true copi…

54-7-5. Orders and certificates to be in writing and entered on records of commission -- Recordation. Every order, authorization or certificate issued or approved by the commission under any provision of this title shall be in writing and entered on the records of the commission.…

54-7-6. Fees. (1) The commission shall charge and collect the following fees: for filing applications for certificates of convenience and necessity, $100 each; for copies of papers and records not required to be certified or otherwise authenticated by the commission, 15 cents for…

54-7-7. Books and records of utilities subject to inspection. The commission, each commissioner and each officer and person employed by the commission shall have the right at any and all times to inspect the accounts, books, papers and documents of any public utility, and the com…

54-7-8. Offices for utility's books and records -- Production for examination. (1) Each public utility shall have an office in a county of this state in which its property or some portion thereof is located, and shall keep in said office all such books, accounts, papers and recor…

54-7-9. Complaints against utilities -- Scope. (1) When any public utility violates any provision of law or any order or rule of the commission: the commission may file a notice of agency action; or any person, corporation, chamber of commerce, board of trade, or any civic, comme…

54-8-1. Short title. This act shall be known and cited as the "Utah Underground Conversion of Utilities Law."

54-8-10. Public hearing -- Notice -- Publication. (1) The governing body shall provide notice of a public hearing on the proposed improvement for the proposed district, as a class B notice under Section, for at least 14 days. 63G-30-102 (2) The addresses to be used for the purpos…

54-8-11. Protests -- Hearings -- Representatives of utilities to be present -- Changes in proposal -- Adoption or abandonment of project. (1) On the date and at the time and place specified in the notice under Section, the governing body shall in open and public session hear all …

54-8-12. Property owners failing to appear at hearings -- Waiver of rights. Every person who has real property within the boundaries of the district and who fails to appear before the governing body at the hearing and make any objection the property owner may have to the creation…

54-8-13. Assessment list to be prepared. After a decision is taken by a governing body to proceed with the district and project, it shall cause to be prepared an assessment list detailing the total amount to be assessed, the specific properties assessed, and the amount of assessm…

54-8-14. Declaration of costs -- Contents of resolution. After the preparation of the proposed assessment list, the governing body shall cause to be prepared for adoption at the hearing hereinafter provided for, a resolution declaring the entire cost of the improvement including …

54-8-15. Board of equalization and review -- Appointment -- Functions and authority. Whenever the governing body of any municipality shall propose to levy any tax under any provision of this chapter, it shall before doing so, appoint a board of equalization and review which shall…

54-8-16. Notice of assessment -- Publication. (1) After the preparation of a resolution under Section, the governing body shall give notice of a public hearing on the proposed assessments. 54-8-14 (2) The governing body shall provide the notice described in Subsectionfor the dist…

54-8-17. Assessments -- Hearings on -- Corrections of -- Assessment not to exceed benefit. On the date and at the time and place specified in the aforesaid notice, the governing body shall, in open and public session, hear all arguments relating to the benefits accruing to any tr…

54-8-18. Assessments -- Resolution to adopt. After the public hearing has been concluded and all corrections made to the assessment list, and in the case of a municipality, after receiving the report from the board of equalization and review, the governing body shall proceed to a…

54-8-19. Assessments -- Right to levy against property -- Due date -- Notice -- Payment in annual installments. (1) The governing body may levy the assessments under the assessment list in whole or in part at any time after the adoption of the assessment resolution, but if not le…

54-8-2. Legislative purpose. The Legislature finds that in many areas of the state, it is in the public interest to convert existing overhead electric and communication facilities to underground locations through the creation of an improvement district. The Legislature hereby dec…

54-8-20. Assessments -- Failure to pay installment -- Interest and penalties -- Lien on property -- Sale of property -- Disposition of proceeds. The failure to pay any installment and any interest thereon when due shall ipso facto cause all other installments and the interest the…

54-8-21. Assessments -- Prepayment of unpaid installments. The governing body may in the resolution levying the assessments provide that all unpaid installments of assessments levied against any piece of property may (but only in their entirety) be paid prior to the dates on whic…

54-8-22. Bonds -- Issuance authorized -- Amount -- Interest -- Additional requirements. After the expiration of 30 days from the date of the adoption of the resolution levying the assessments, the county legislative body may issue negotiable interest-bearing bonds in a principal …

54-8-23. Objection to amount of assessment -- Civil action -- Litigation to question or attack proceedings or legality of bonds -- Notice. (1) No special assessment levied under this chapter shall be declared void, nor shall any such assessment or part thereof be set aside in con…

54-8-24. Payment to utilities -- Allowable costs. (1) In determining the conversion costs included in the costs and feasibility report required by Section, the public utility corporations shall be entitled to amounts sufficient to repay them for the following, as computed and ref…

54-8-25. Utilities responsible for work -- May subcontract -- Title to converted facilities retained. (1) The utility concerned: shall be responsible for the accomplishment of all construction work to the point of delivery; and may contract out any part of the construction work a…

54-8-26. Notice that service from underground facilities is available -- Consequences of failure to convert overhead facilities. (1) If service from the underground public utility is to be made available to all or part of an improvement district area, the governing body of the co…

54-8-27. Bill for conversion costs -- Not to exceed estimate -- Payment within 30 days -- Accounting procedures. Upon completion of the conversion contemplated by this chapter, the public utility corporation shall present the governing body with its verified bill for conversion c…

54-8-28. Additional overhead facilities prohibited -- Exception. Once removed, no overhead electric or communication facilities shall be installed within the boundary of a local improvement district for conversion of overhead electric and communication facilities in nominal volta…

54-8-29. Jurisdiction over public utilities. Nothing contained in this chapter shall vest any jurisdiction over public utilities in the governing bodies. The Public Service Commission of Utah shall retain all jurisdiction now or hereafter conferred upon it by law.

54-8-3. Definitions. As used in this chapter: (1) "Assessment" means for the purpose of taxation wherever appropriate. (2) "Communication service" means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm…

54-8-30. Commencement of conversion -- When required. If an improvement district is established pursuant to this chapter, the public utility corporations involved shall not be required to commence conversion until the ordinance, the assessment roll and issuance of bonds have beco…

54-8-4. Creation of local improvement districts authorized. The governing body of every county is hereby authorized and empowered to create local improvement districts under this chapter within the unincorporated portion of such county, and the governing body of every city and to…

54-8-5. Apportionment of costs -- Assessment against benefitted property -- Public lands not subject to assessment. (1) If an improvement district is created as provided in this chapter, the governing body of the county or municipality that created the improvement district may le…

54-8-6. Creation of improvement district -- Petition by property owners -- Resolution of governing body -- Utilities to submit reports. (1) A governing body may, upon a petition signed by two-thirds of the owners of the real property and the owners of not less than two-thirds in …