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Utility bill is revived, thorns and all
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Reviving memories of the bitter struggle of five years ago, a legislator is trying to drastically reform the state's utility regulation and eliminate the Committee of Consumer Services.

Rep. James D. Gowans, D-Tooele, is quietly circulating a confidential bill among a select group of supporters that proposes to quiet the committee - the voice of residential and small-business customers in utility rate cases - in favor of a "ratepayer advocate" who it appears would represent primarily the interests of large industrial and commercial energy users.

In an ironic twist, Gowans' bill is House Bill 320 - the identical number given the controversial regulatory reform act introduced in 2000 by Rep. David Ure, R-Kamas, who tried to abolish the Committee of Consumer Services and make it easier for public utilities such as Questar Gas to raise their rates.

This year's version of HB320 is backed by the Utah Manufacturers Association and supported "conceptually" by the Utah Association of Energy Users, an organization that represents large industrial consumers of electricity and natural gas.

"The purpose [of HB320] is to try to ensure there is an advocate for all classes of ratepayers," said Tom Bingham, Utah Manufacturers Association president. He declined to discuss details of the bill, indicating it is still "protected," which means it has been assigned a number but its content is not yet public.

However, a copy of the legislation obtained by The Salt Lake Tribune shows it would eliminate both the Division of Public Utilities and the Committee of Consumer Services.

The staff and activities of the division, now charged with balancing the interests of all consumers and utilities in rate cases, will be amalgamated with those of the Public Service Commission.

In place of the Consumer Services Committee, HB320 calls for the appointment of a ratepayer advocate, who will operate under the Attorney General's Office and have the authority to name separate "class advocates" representing commercial, industrial and residential utility customers.

Those class advocates will oversee separate committees made up of not more than five representatives from the different customer classes.

However, with two of those class advocates representing the interests of large energy consumers and only one speaking for residential advocates, opponents worry such a scenario may give undue influence to large consumers whose interests may be different from those of residential users.

Gowans could not be reached for comment on the proposed legislation, but Bingham said it probably will be released publicly later this week.

Dee Jay Hammon, Committee of Consumer Services chairman, is worried.

"This is sweeping and profound reform," Hammon said. "To have it presented and maybe hammered through the legislative process in the final two weeks of the session is extremely troubling. It deserves more than a hearing or two in the final weeks of the session."

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