Show state tribunals hand down fa favorable crabl decision dea si on in gardane power controversy C controversy final settlement ot of the long controversy tro versy aver over whether the utah state service commission had jurisdiction over operations of the power company have been settled according to an article tn in Won mondays days salt lake tribune the tha utah supreme court has held lit in unanimous that power coo cooperr pent tives financed by the rural electrification administration are not utilities within the definition of nt tile the utah state law and therefore are not subject to regulation by the public service commission concerning the decision jhb tribune has the following the caw in which the court rule kulil 1 was waa brought against the commas slon by tie the garkans power fower voin pany a nonprofit ta H A financed corporation S power only to to its owl t plem ill il 01 garfield Garti eld alin kane the com company patty protested I 1 an order of the commission holding it to be subject to regulation this order la is vacated by the supreme eurt court the only other power cooperative in utah Is the moon lake power company the court held there to 18 no need for regulation of true co opera tives a u eding the theory of public utility regulation Is based on a recognition that roost most public utilities tire are monopolistic that their services are necessary or convenient to the residents of tile the area and that because of of the conflict of interest between the util i ily ty and its ita custom customers cra and natam ers era there Is likely to arise situa eions where rates are so high as to 0 deny service gervice to many or so low as aa to deny a fair return on its in vestment vesti nent to the utility and its stockholders which in turn would tend to result in inadequate ser vice 11 therefore There regulation la desirable to harmonize and balance those these late interests rests tbt tb services of aar I 1 I 1 kane rimy amny tend to be mon monopolistic in the he area served because thony Is no other adequate utility to serve tile residents there and its services will be convenient and useful if not vital to those resl resi dents but the third element Is totally lacking there Is no conflict of consumer and li producer interests Inte lantere reits ita they are too high the surplus collected Is returned to the cou coit sumers pro rata if rates rales are ton low lite hie consumers must accept curtailed service or provide finan I 1 clat contribution to the corporation if if service is not satisfactory the consumer have it lit in their power to lo cloat other directors and demand certain changes lie ite sort bort to equity as lu lit the case of all other mutual bo be had bad if ono one group of members seeks to overreach tile the others the function of the commission in approving rates capital structure etc ja Is I by gardane Gar kane kalle its ita mantlar members s or alie ibach li will serve |