Show tribunals Tribunal hand sHand down favorable decision in gardane controvert Con controversy trover i final settlement of the long CT aoi troy emeray ersy oyet whether aether althe the utah state service harld jurisdiction oyer over operations i of the gardane power company liyo hay been awn settled according J io 0 an all artia ar cle in mondays salt lake the utah supreme court has haa held held in ili unanimous that power cooper i tives financed by the rural eleia admill are not utilities within the ae definition of the utah state law and therefore are hot subject to lo regulation by the public service commission concerning the ahe decision the trl tri bune lias has the following the case in w which aich the court rolel was brought against the commission rals by the power company a nonprofit R E A financed corporation selling power only t to lla its own members in garfield and kane counties the company prote protested aed an order of the commission holding it to he be subject to regulation this ahls order la Is vacated by the supreme court the only other power cooperative in utah Is the moon lake power com company pany the court held there is no need cpr for regulation of true cooperii cooper tives lives adding i the theory of i public public utility regulation Is based on a recognition that most public utilities are monopolistic abat that thein services are necessary hec essary or convenient to the residents of the area and that because bause of the con filet duct of interest between the util ity and Us its customers and consumers there la Is likely to araso situations whom where rates are so BO high as aa to deny service 0 to many or so at low ay as to deny A 4 fair return on its in Ves vestment talent to the utility and its stockholders which in turn would tend to result in inadequate wr oer yle therefore regulation to i demirs ble to harmonize nud and baltuch those interests the services of gar kane may tend to be monopolistic in the area served because there la Is no ito other adequate utility to serve the residents there and its services will be convenient and useful if not vital to those real ml donta dents but the third element 1 Is totally lacking there Is no conflict of consumer and p producer inte rests they are too high the surplus collected Is returned to the consumers pro rata it rates are too low the consumers must accept curtailed service or provide finan cial contribution to the corpora apora tion it if service la Is not satisfactory the consumer members have it in their power to elect other directors and demand certain changes lie ite sort to equity as in the case of all other mutu als may be tad bad if one group of members seeks to overreach the others the fu function ot of the commission in approving rates capital structure etc la Is unneeded by karkane Oar kane its ita members bembera or tile the which lt it will ara |