54-14-301. Creation, purpose, and composition of board. (1) The Utility Facility Review Board is created to resolve disputes between local governments and public utilities regarding the siting and construction of facilities as provided in this part. (2) The board shall be composed of: (a) the three members of the commission; (b) an individual appointed by […]
54-14-302. Staff and support for board. The Department of Commerce and the commission shall provide any staff, services, or meeting rooms the board requires to perform its duties. Enacted by Chapter 197, 1997 General Session
54-14-303. Actions or disputes for which board review may be sought. (1) A local government or public utility may seek review by the board, if: (a) a local government has imposed requirements on the construction of a facility that result in estimated excess costs without entering into an agreement with the public utility to pay […]
54-14-304. Initial hearing. (1) The board shall convene an initial hearing within 50 days after the date review is initiated. (2) At the initial hearing, the board shall: (a) determine how the review will take place, including whether it will be conducted as a formal or informal adjudicative proceeding; and (b) set a schedule for […]
54-14-305. Written decisions of board. (1) The board shall issue a written decision on the review expeditiously and, in any event, not later than 75 days following the initial hearing. (2) The written decision shall: (a) specify whether the facility should be constructed and, if so, whether any requirements or conditions imposed by the local […]
54-14-306. Action required of local government following board decision. (1) If the board decides that a facility permitted to be constructed by a local government is subject to requirements or conditions that impose an estimated excess cost but do not impair the provision of safe, reliable, and adequate service to customers of the public utility, […]
54-14-307. Stay of board’s decision pending review or appeal. (1) A petition for review, rehearing, or reconsideration or a petition for judicial review does not stay or suspend the effectiveness of a written decision of the board. (2) Any party seeking to stay the effectiveness of a decision of the board shall seek a stay […]
54-14-308. Judicial review in formal adjudicative proceedings. The Court of Appeals has jurisdiction to review any decision of the board in a formal adjudicative proceeding. Enacted by Chapter 197, 1997 General Session
