Utah Power & Light Co. has no right to serve Utah State University now that the school has signed a contract with Logan Municipal Power Co., the state attorney general's office says.
At issue Tuesday before the state Public Service Commission was whether the USU campus is outside Logan's jurisdictional boundaries and whether the PSC has regulatory authority over power service to the university.Through seven months of battling for service to the campus, the sides have been "trying to make it hard" to understand, said Robert Barclay of the attorney general's office.
"It's clear and plain," Barclay said. Utah State University's campus "has always been within the boundaries of Logan City."
He also told the commission 1st District Judge VeNoy Christoffersen ruled one week ago Logan electrical service to USU is "local in extent and use."
Logan signed a 20-year contract with USU on March 28 to replace UP&L as its electrical power supplier.
The city said the contract would bring in about $2 million annually in gross revenues. UP&L claimed, under state law, it should be allowed to compete for such service, even though municipalities generally have monopoly powers in such areas.
The three-member commission asked UP&L, Logan and the university to present arguments on the questions of city jurisdiction and PSC regulation. It took the issue under advisement.
Since Christoffersen ruled the USU-Logan contract is valid, Utah Power attorney Albert Colton said, the questions before the PSC should include the impact on UP&L ratepayers if other state universities and colleges signed similar contracts.
And another UP&L attorney, Cul-len Battle, said he believed the commission should rule Utah Power "has an equal right to proceed as a potential provider" to the campus, that Logan Power "has no unilateral authority."
The city claims it already provides fire protection, water and sewer services to the university and has the legal authority to replace UP&L because it never gave Utah Power a franchise to provide electrical service to the campus.