The Appellate Group

Vote Solar v. Public Service Commission

Vote Solar v. Public Service Commission, 2023 UT 13 (Pearce, J.)


The Public Service Commission (PSC) issued an order setting forth the inputs it would use to calculate the export credit rate system for customers who generate electricity. Vote Solar moved the PSC to reconsider its order. The PSC denied in part that motion. Vote Solar petitioned the Utah Supreme Court for review of thePSC’s order. The Office of Consumer Services (OCS) moved to dismiss VoteSolar’s petition for lack of jurisdiction. The Utah Supreme Court denied in part the OSC’s motion to dismiss and affirmed in part the PSC’s ruling, holding:

  • It lacked jurisdiction over Vote Solar’s argument on three issues because they were not “final agency actions” under the Administrative Procedures Act.
  • It had jurisdiction over the remaining two issues, and the PSC’s decisions on these issues were supported by substantial evidence.
  • An agency’s statement that an order is final is not determinative of finality. “If we were to defer to an agency’s conclusion about the finality of its order, we would, in essence, give the agency a disproportionate say in when our jurisdiction adheres.”
  • Practice Tip: The Supreme Court views the Ameritemps analysis with caution and is “wary of any lessons we might try to draw from the case.”

Read the full court opinion