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KEARNS-TRIBUNE v. PUBLIC SERVICE COM'N

Nos. 19208, 19209.

682 P.2d 858 (1984)

KEARNS-TRIBUNE CORPORATION, a Utah corporation, Plaintiff, v. PUBLIC SERVICE COMMISSION OF UTAH; Brent H. Cameron, Chairman; David R. Irvine, Commissioner, and James M. Byrne, Commissioner, Defendants. MOUNTAIN FUEL SUPPLY COMPANY, Plaintiff, v. PUBLIC SERVICE COMMISSION OF UTAH; Brent H. Cameron, Chairman; David R. Irvine, Commissioner; James Byrne, Commissioner, Defendants.

Supreme Court of Utah.

May 1, 1984.

Attorney(s) appearing for the Case

Gary G. Sackett, Patricia S. Drawe, Richard L. Hinckley, Arthur A. Allen, Jr., Salt Lake City, for Mountain Fuel Supply Co.

Donald B. Holbrook, Jones, Waldo, Holbrook & McDonough, Lee Curtis, Salt Lake City, for Newpaper Agency Corp.

Michael Ginsberg, Asst. Atty. Gen., Salt Lake City, for Div. of Public Utilities.

Ted D. Smith, Salt Lake City, for Mountain States Tel. & Tel. Co.

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...

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