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Show 2B The Salt Lake Tribune Tuesday 9 September School Told Agency Fights UP&L Bid for Rate Hike To Beef Up Its Curricula LPILs Division Think Power IWj Fairs Ice Cream Festival Has Youths Loving Life Continued I rom B-- Continued From l Emery Mining included an indemnification clause, the utility has sought to recover the $6 6 million from its customers through the energy balancing account Mr Huntsman said 'The issue was deferred in the 1985 case he said But now we are saying we have enough information that it should not be allowed " UP&.L has invoked the indemnification clause to cover its liability in the lawsuits filed bv the families of the victims of the Wilberg Mine disaster that killed 27 miners The company, however has not sought the 14 4 million in property damage and mine rescue costs net covered by insurance The division contends UPiL should not be allowed to charge for $5 378 000 in potential in Each of the seven ice cream makers brought a minimum of 100 gallons of ice cream in at least four flavors And all vowed to get more if they ran short by 10 30 pm when the eatirg extravaganza was scheduled to end If the grade schoolers underestimated the amount of ice trearn on hand they grossly overestimated the.r eat.rg abilit.es Ryan Mathews 9 was there when the eating began at 3 p m He sa.d he planned to stay and eat con- l ' life he said happily, summing up the experience for mans of the young ice cream eaters Jason said he d.staMed h.s spoon in favor of slurping because it a5 faster "I want to hurr;. Jaon said I want to get the good flavors before " they re gone The "good flavors were bubb.e legum and every 'r.irg e.se said between smrps Though a number of grade schoolers expressed fears that the ice cream wouldnt last until they -- tinuously until 4 30 pm when the buses were to return the kids to school But or.iy two r.eap.ng tubs of ice cream later Ryan said he was d me I m going to die he said and tr..rd.- - got seconds they had nothing to fear There were li'era.-lhundreds of gal.. ins ready and waiting for them suppi.ea by seven Utah ice cream manufacturers B-- firm shoull Bar terest or. coal royait.es tv government Forecast for EDT. Tue, 8pm eral aatch front Tue-da- lecting the potential interest from customers The division is contesting UPiL collecting the interest V4e are saying you cant do that when you have been charging the higher rate for royalt.es to customers," Mr Huntsman said The division contends UPiL inappropriately has charged customers $4 585 0o0 for costs associated with By Guy Boulton Tribune Staff Writer Kanab City can condemn Utah Power Light Co s facilities within the city as part of its move to establish a municipal utility. 6th District Judge Don Tibbs has ruled Kanab's franchise ordinance allows it to condemn UPiL s facilities and Judge Tibbs ruled that UPiL cannot prevent Kanab from terminating the franchise after enjoying "the benefits of the franchise "It would be manifestly unjust to allow the utility to accept the benefits of the franchise but repudiate the agreed upon termination procedure." he ruled It would likewise prevent the municipality from ever terminat" ing the franchise The Kanab City Council voted on May 13 to establish a municipal utility and filed a lawsuit on May 14 to condemn UPiL s facilities within the city UPiL filed a motion to dismiss the lawsuit on May 28 and a hearing was held on July 29 UPiL spokesman John Ward said the company was disappointed by the decision and is considering an appeal " ' We expect they will appeal it said Kanab mayor Paul Jenkins Im not sure whether the ruling would have come in our favor had it not been for the clause in our franchise that actually spelled out that we could condemn UPiL argued that Kanab had no authority to condemn its system citing a 1981 Utah Supreme Court case that prohibited 18 cities in southern Utah from condemning CP National's y. i .). Warm Scwe's Fkjo.es Sno Ra-- -. yf-r- o "all Cow, Occluded ww-ce $ 1 ZsW o C'X" Bountiful Ofcden TO gden hi e Air Pollution Index lake i ogan h StatiCiOdi , ''all Lake fit) '75 cmlmcr Prov ( its fi'f 72 Vof9ooI ernal 52 78 f2 100 Green River 58 85 Good ( edar ilv ( Moab 1,0 77 02 erv Good 18 39 07 ro 10 M 41 57 01 004 M 07 CO Ozon OZ M CO CO CorOofl M 07 05 88 39 CO 8.3 Blanding 50. 70 - Henryi- Excellent X TP Totoi Porhcwtonn Monoi0 Area Forecast Tuesday and Wednesday Solt Lake City, Ogden and Provo Forecast A co'd front will approach the Aascrtch Front on TuesdO bnngT-ortofc'e c'OudS ond cooer temoerotures Vostty cloud scattered fundershowr$ and strong ith gusty with o fe Portly cloudy Wednesday lingering showers Chance of measurable rom 70 percent t0aa y, and decreasing to 20 percent .ednesdoy Highs TuesdO in the mid-70but dropping into the 60s by lae 0Hernoon 0erP gnt ioas m s Wednesday the upper 40s to io 50s In the rr id to upper 60s Wosatch Front and Western Deserts fore Cache j auey Tne regon can cast nr eas rQ c'cudss th scaer ea shOAe'S or d uder DAer s deye'opmg ednes Tuesda, aternoon ono e.enirg day a oe party coudy and cod. Aim a feA rg 'jy,er. h gs a be r m.a 70s Tuesda dr opp,rg o 60s by ..r-dnsaa gM OAS A' ce in r P 4 f is t a a io a 50s Aes'n Oesers Tre foreca as y C''jsrg ccuds Tjssr do A A1S'JeyFlOP,"g r H P or : F.e'" '0 aP' STjFsrj, " .es m a s coo Ja , j a ea f es yj j s j a j nigjns jF'Jh otp ge' rg joa'S r or UmtaBasm The 'precast 'or Tuesda ca s ihn Aide y scat-terecloudy S4 es ShOArs n the ahernoon andeyenmg hours Htgns Tuesday m the upoer 70s Wednesday aid be a ndy and cooer Aith a feA lingering stOAers h ghs for 'ednes-dm e lOAer tqs loas botn nights m the ioa-50- s Southern Utah Forecast Southeast utoh The forecast ecus or partly c'Oudy sk es Tuesao Aith a ae scomered oemoor ond evenir snoAe'S - grs n r,p ..pper 70s fuming coo er night and a nas and scatWednesday a th s tered stOAers Mgi-- Wednesday m n me uDDer'50s Loas bom Utah s Lji e, Soum as7 a a e,s ana Se j er y 01 e Condit oS A bpert'r coudy a t a de , scaered srrAp-- s ,n th e o Qrij MgS n a. me jpper "Os o sis a be coo'er a scafe'd snoAers gs n e nr- a 80s at S Oeorge rj.trr o.s rr a My n rp Recreational Areas Lae po.e ana for ponti y aa y C.1"' a n- o gr A r S an-- , rg Gorge Peseryoir Partly cloud Am Aide! scattered thuraerstoAers Vorddy Turning cooler ednesdav with scoerea atternoon ana eer ng stOAers grs "esday ond Wednescay m me 50s Oas Oa to rmd-40- s Northern crd SOjmern Vountams The nrftrern d soutern mountains ah! be partly ooudy Tuesday Aith scattered afternoon ersOAerS Highs m the Oa 80s Wednesday a be partly cloudy Am aeccreas rg srOArs and munoershoAers Highs n the upper "Os id as bom mgrs r me m per-4Cs oa 50s Extended Forecast for Utah Thursday through Saturday A cooi cma Northern ond Southern Utah nnrt r Aes f c a a 'i pre a'1 ac'os upse me Grat gg n rpg oreco ca s 4 or a ae y sccrm-ru ar3 e ,p- 'T'os d.er me to n a se pd' , da.s r es pvr g e'pecec be oa seasonal no m-- , ry h gn s "Os ir, o Os l o as 40s o ti Extended Forecast for Idaho Thursday through Soturday -e Northern and Southern Idaho d a a- , ".s Sd 4 H g- -. doccd s'yc73rce3' s . 2c. "d oas dd-- er s Vathr Suinma r r r.p 'js- er c a a ppe'3!.s m pec a a so a car Tvuc. isaS rs dr jhe-y- , e "t'er , Montano Coio'odo a' : g H' ' ; Jr prr 0. Bry 8u Ce yr r Br Utah "g Cd"? 6 ' 'U, or T F 000 O' M 6 i" 79 OS s 46 ddv 45 C.Cy 52 Ei V 4j , rjr " r -- -- r- -.i r: Generals Attorney Office r f v' 'I - 0 V M 51 Clhy separate pia.ntiffs actions were consolidated The Kearns Tribune Corpora'ion parent company of The ,s.. Tribnne. is a minority stockholder of Inc The plaintiffs claimed the r 8 64 V C 4 9 4 12.15 pm Jim Kroil. magician Bandstand Salt Lake Good Time Ja zz Band Budweiser Stage) U S H.gh Diving Team p m. por.snred ay Coca Cola Bottling Cu east of Bandstand Open Horse Show Arena Jack D John, sponsored 2pm by Polaris Snowmobiles Bandstand) Guv Fruit Pie Contest, sponsored bv Mountain Fuel Countv Bu.ld.rg' 2 15 C'. gg - Melodrama pm Bu Jw r Stage i p m Nielsen 'Band- Clapier n V A f A,, e s r e J w . !.!., .g. not i t g m : -- r o ' w r , Jaik s -- i -- i". g mV ,.! jrr k w - pm 5 . hc- ! r Hum Hr ( untinui M i 6 o i r 4 "d d - t j- 'Ms,, md Ban!-- : r i i r. - 0 iiM i in g i I , ' !' w e ,i i.i t o, 0 r Wyoming f4 I ' y .0 'A my ' y' f ! I H ,1 ,i M ' ' .' s i n : . ' - Tioli. 0 7V . w ; 7fe u . . ' Sl " Jf ,S : a a M.-- W A - It t w t Lt ' t, i t ' ,0 5 S 7 mw ' .4. ' k fas mi , i i -- !i Hit- - -I 0 pi, mg 'I e.im Mnishi'l' l ioni e, r M ,1 ge H ;i IP, A a r .1 s p '1 spl a ei n im Bandstand I, S e k ) I, I'S i ' 10 p in i p in v " 111 pill M i . o ; o i n Pi A. hin'kt ,fii ov ugu U s o'. Mil" 011 p IV, J IS I I' - s . ' - nr iloMi r, ); h ill p IV V- ) 74 - f I ige pm i II X 1' Ho - H 4 Rornie M.ls.ij and stand 1 hn e 15pm l.".e nil p sk, Pdirm's o,,t B o i Mu.d s m , '1 ' i p rti mw i won! - I p m d a ' : i (I'h md - er V V', ! s 1 of Ban as' Dr1' - rr on lh " Johns Band 1) ipg Team lair v ( 'aith p (air.va 'Ju'gmg Ring Ju ig.ng Vmr.i m Vid He Horse i ren n itmr of tat, ti'untv 6 p m . H P .V r rum I Fold )a p Juggling shearing - p m ii 5 , I Bn-- mr,s'r a'lon Budueistr : ning 6 10 I h.m ( 'age p m I iO ,. . v ; i Zu( r -i 'g' it ( m ' ; : , d ti r.i g 1 , m, ' , ..rk 3 15 p m 1 Bud wr - ! llailv Data m : : mi n: Bl F N.w US H.gh Diving Team Bandstand of -' sla-- d ; ' I' w -- ; s jt. ", iT c t r i dr r,i r .md Drug A F - e p m iO 1 r i r j ti r turer ,r i( r.j-f see ro r tj r, ( t xjr-.i'-- T ' ttf tng : tr.e p st - n tr.e t s r f . 7 f ir c cj p M G.' fo r 34 9. ,, t ,h j Jf V 32 -e 1985 imp 'j 49 wool Sheep shearing demonstration 'Budweiser 1 Eye Drops That Burned Utahn Were Tainted With Chlorine M M i am. 11.30 pinning -- 1985 Wilkinson dpp.ed iec Sad-d.e- - was Amendment and later added tne allegation that tne act was by the new federal CabiO Communit cations Policy m Apr.! Judge Ar.jcrs r. ogrc-October r Judging American Halter Horses (Arena) 9am. Judging Morgan Halter Horses (Arenai d m Judging Jr dairy cattle Judging Ring!, judging second rabbit show Rabbit Building) 10 10 a m Fair gates open am.- 8 -- unconstitutional under the First f 66 64 Fa.r Inc Inc dy 5 1 The following is a schedule of Tues-dds activities at the Utah State d and others filed suit against Attorney General Wilkinson A few days later a separate action was filed by everai individual cable TV subscribers All to State Fair Today At v pa-'e- HBO There's Plenty to Do ' j.r r tween midnight and Tam The day after the act was Community Television of Utah l r C 'i r g 64 PQ ly M ' b-- Conditions 59 Cdy 75 39 (c r . V e y tipuiate that no action would - taken aga.nst programming aireu be 9r iunal 1 V( V 45 full-tim- proh.bition rather than regulation Although the Utah legislature has identified a substantial governmental interest in the protection of minors it hu not provided for reasonable alternative times for the dissemination of indecent material Baldock wrote The statute is also void for vagueThis uncertain meaning ness does not provide fair notice of what .j proscribed could result in arbura-- v enforcement and could deter proteexpression Baldock said The Cable Decency Act wa- - an proved bv the Utah Legislature on April 20 1983 making the disr.bu-tioof indecent material over cable or pav-Tchannels a civil offeree l.at-- r the act was clar.Led be he 73 B B-- y not acceptable because it is complete 46 Cor'd hOnS B-- -- Yesterdoy s From Continued Flobal Tenip Intcrmounl.'iin Tese'doy Continued From l said he is forming a second committee to determine ' how much less" of The division contends this is not an state WPU money will be awarded energy cost but rather a cost included for home-studcourses, both at Masm general rate cases In addition traditional schools and ter Academy LPiLs operation and maintenance Currently, Master Academy colexpenses are lower when the compalects full weighted-pupi- l unit money ny purchases power from other utiliof $1,204 for eac h student classified as ties instead of operating its own power plants State education specialist Don Ulmer said that as far as the The division contends UPiL state was concerned, students at should not be allowed to pass $652,000 Master Academy or any public alterin Mine Safety and Health Adminisnative school could attend as little as five minutes every 10 days in order tration penalties onto customers for the school to collect full state The PSC has ruled that fines are a funding It was found that except for a pilot program in Alpine District, cost that should be borne by stockholders, Mr Huntsman said, and the districts require at least 16 hours per week attendance in alternative proFederal Energy Regulatory Commisgrams geared for dropouts sion, the federal equivalent of the PSC. has said fines are not an energy The Tribune interviewed one related expense Master Academy student who attended the private school five minutes every two weeks The youth earned seven credits that brought the private school full state funding Another Master Academy student played spxirts at home, including riding a skateboard, for credit The boy's mother said she took her son out of traditional school on the advice of a entire system, according to John WiMaster Academy counselor so that lliams. a Washington DC attorney the state would pay for her son's who is special counsel to Kanab CP schooling National was a utility that served Experts have said that English and southern Utah before a was sold to math workbooks at Master Academy UPiL were not designed for home-studThe Utah Supreme Court ruled the use. and some books duplicated pre18 cities, which included Kanab. vious material, essentially allowing could not condemn CP National facilstudents double credits for completities beyond the cities borders ing the same work at home. The report noted that a student "In this case, however. Kanab is be failing math, enroll at Master may the physical equiponly condemning and then be assigned work Sir Academy Williams ment within the city the youth had previously done in the said public school, only at a lower grade Kanab s City Council voted to eslevel "This appears to be receiving tablish a municipal utility after a recredit twice for the same content port from its power board contended area," according to the report. the cost of electricity would be comSpeaking through his attorney. Dr. petitive with UPiL s rates the first Mc.Mullin said that in 1980, Murray year and become increasingly less District gave Master Academy a " expensive over a 10 year period glowing report He said that in 1982, the school received accreditation, The city hopes to take control of and in 1985, officials reviewed the UPiL s facilities and have a municischool's accreditation "and there this in pal system place spring "The next phase of the case will be were no problems to determine how much Kanab must Superintendent Furse said accreditation teams look at "input, not at pay UPiL for as facilities Mr W said output or results The media brought .v our attention weaknesses occur-r.r.Kanab and se: wul get UPiL at Master Academy, and areas on tr.e value of tr.e '.'FuL w .ere we have to make some will be and :c. cost tre faui.ties he said. "There probably by a hearing before a judge :r a eeds to be some looking at output in : Kanab estimates tr.e va.e terms of accreditation standards as UPiLs facilit.es wahir. tre c.ty ::.m. e.l The report certainly suggests $1 2 million to $1 8 miliar, reed for us to review the accredits : on process. Garkane Rural Electric delivers electr.cay to Kara!: The report didn't look at Dr. UPiL and the city will not rave t: M' Mullins $96,000 annual salary, negotiate a transmission agreement w:..cr. makes him one of the state's with UPiL Mr Williams added educators h.gfpst-pai- Utahs Cable TV Law Suffers Another Defeat in Courtroom mid-6C- s s j.w p power purchase agreements with two utilities included a charge for operation and maintenance of the utilities' power plants F . to power purchased from other utilities Judge Puts Kanab Closer To Municipal Electricity Condition will be fair and cooler, with hower expected throughout the day and evening hour. High Tueday will be in the 7fK and mid-Hwith the overnight low in the upper H) and low FRONTS' UPiL contends roughly $40 million UPiL wi'! owe interest on the withheld royalties if the company loses the case and also has been col- weak cold front will move into the has been government owes Ltah Forecast 9 Sept federal fight. rg an increase in royalties on federal coal leases since 1982 and has not beer, the paying the federal government sa.d Mr Huntsman royalties. higher But the company has been collecting from customers the amount the fed- UPiL Todays Weather Th '.he ( i ' V i" I.,),.., . o' II H - , i' I |