From Deseret News archives:

PSC in silence mode?

Plan to tighten rules on public comment generates outrage

Published: Thursday, June 7, 2007 12:28 a.m. MDT
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You may have the right to represent yourself in court when charged with murder, but when it comes to challenging your natural gas rates, you could be forced to hire an attorney.

A proposal of that nature by Salt Lake-based Questar Gas Co. generated outrage on Wednesday from roughly 50 residents, worried that the Utah Public Service Commission is poised to tighten its administrative rules in an effort to silence public input during formal hearings.

Roger Ball, former director of the state Committee of Consumer Services, warned that residents should be worried that Questar and other state regulators are "shutting out" public comment.

"It is arrogant. It is condescending. It is paternalistic of those who would suggest that we cannot represent ourselves effectively," Ball said. "The commission should treat those suggestions with all the contempt they deserve."

Nicole Green, a Farmington resident, said Utah's utility regulatory process is broken.

"I think there's definitely a problem," Green said. "They're considering cutting us off from talking? We have to have an attorney? We are not being heard."

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The controversy stems from a 2006 order by the PSC that denied a request by Ball to be heard in a natural gas processing dispute that ultimately resulted in ratepayers picking up $18 million in costs. Ball fought the costs, taking the matter all the way to the Utah Supreme Court, which is expected to issue a decision this summer.

Earlier this year, Ball was allowed to take part in a separate hearing that centered on subsidized natural gas costs in rural areas.

However, Ball's style and often abrupt approach stood in stark contrast to others involved in the proceeding, namely attorneys, who constantly objected to Ball's line of questioning and comments. At one point during the February hearing, Ball asked a witness whether he was "now or ever had been a socialist."

In an effort to bring more order to the process, the PSC sought suggestions from utilities and other regulatory bodies.

Residents on Wednesday expressed disgust that the hearing process could be made more difficult for public participation.

Ted Boyer, chairman of the PSC, downplayed those concerns and stressed that the commission's current rules do not require individuals to have an attorney to be heard.

"We're just soliciting information to see if we should visit our rules and maybe engage in rulemaking," Boyer said. "We haven't decided to do that yet."

Boyer said the PSC would decide within 60 days whether to make any changes to its rules.

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