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UTAH DEPT. OF BUS. REG. v. PUBLIC SERVICE COM'N

Nos. 19361, 19362.

720 P.2d 420 (1986)

UTAH DEPARTMENT OF BUSINESS REGULATION, DIVISION OF PUBLIC UTILITIES, Plaintiff, v. PUBLIC SERVICE COMMISSION OF UTAH; Brent H. Cameron, Chairman; David R. Irvine, Commissioner; and James M. Byrne, Commissioner, Defendants. COMMITTEE OF CONSUMER SERVICES, Plaintiff, v. PUBLIC SERVICE COMMISSION OF UTAH; Brent H. Cameron, Chairman; David R. Irvine, Commissioner; and James M. Byrne, Commissioner, Defendants.

Supreme Court of Utah.

Rehearing Denied June 30, 1986.

Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., Stephen G. Schwendiman, Craig R. Rich, Salt Lake City, for plaintiffs.

Thomas W. Foresgren, Rosemary Richardson (Utah Power), Public Service Commission, Patrick J. Oshie, Atty. Gen. Office, Salt Lake City, for defendants.

ZIMMERMAN, Justice:

The Department of Business Regulation asks this Court to reverse two orders issued by the Utah Public Service Commission ("PSC") which allowed Utah Power & Light ("UP & L") to transfer $6 million from an energy balancing account ("EBA") to UP & L's general revenue account. The Department of Business Regulation argues that the PSC's actions amounted to retroactive rate making. We agree and reverse.

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