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The Monopoly Makes Peace

Utah's fight with its only rate-regulated utility ends the way monopoly fights do: in a docket, not a market.

The Monopoly Makes Peace
Artistic rendering of a photo taken by Kennedy DeRaedt, KUTV.
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The Utah Public Service Commission heard sworn testimony Friday on a settlement that would end the state's two-year fight with Rocky Mountain Power. Executives from the utility testified. So did state officials and Utah Clean Energy, which intervened in the underlying rate case.

A stipulation was filed on June 30 and is still pending. It grants a 4.2 percent increase in general rates, worth $93 million, or about $3.44 a month for an average residential customer. Rocky Mountain Power agrees not to file another general rate case with rates effective before 2029. It commits to a program of Utah energy infrastructure investment through December 31, 2028. It accepts an earnings test meant to prevent it from over-earning during the freeze, and it ends the litigation, including the appeal, which is now stayed at the Utah Supreme Court while the commission deliberates.

Most customers will not feel the increase. The company says a separate adjustment to the Energy Balancing Account cut energy charges by an average of 10.6 percent on the same July 1 date, leaving the typical residential bill about $11 a month lower once the two changes net out. Michele Beck, director of the Utah Office of Consumer Services, told Utah News Dispatch the deal delivers certainty on a large share of the bill rather than all of it. Gov. Spencer Cox endorsed the settlement on X. Senate President J. Stuart Adams issued a supportive statement on Friday.

The fight over this deal began in June 2024, when Rocky Mountain Power filed for a $667.3 million increase, a 30.5 percent request that it later cut to 18.1 percent after public backlash. Cox called the original request "unacceptable". Legislative leaders raised the possibility of breaking up the company.

In April 2025, the commission ordered 4.7 percent, a quarter of the request, and set a 9.375 percent return on equity. Rocky Mountain Power asked for reconsideration. The commission refused, called the company's characterizations offensive and its tone intemperate, and wrote that "Utah customers are not RMP's guarantor of last resort" for costs arising in other states. The company went to the Utah Supreme Court in July 2025.

None of this has anything to do with a free market. Rocky Mountain Power is, per the state's consumer office, the only rate-regulated electric utility in Utah, serving more than 800,000 customers across about three-quarters of the state's geography and a larger share of its population. It's a monopoly.

Utah grants the company an exclusive territory and regulates its prices in exchange, the standard American arrangement for electric service. A customer in Sandy cannot switch providers. The rate case is what Utahns have instead of competition.

The company's release describes a $2 billion investment plan to support reliability and growth. Executives at Friday's hearing put the figure at $2.2 billion. The stipulation on file with the commission is the controlling document, and the rate case docket is where readers should start.

Commissioners asked Friday whether Rocky Mountain Power was investing in Utah because of the settlement or had planned the spending anyway. Joshua Jones, vice president of business operations, answered that the settlement allows the investments to be "secured and made here between now and December 31, 2028." That is a statement about timing and location. It is not a statement that the money is new.

There is a reason the distinction matters. Capital spending is how a regulated utility earns its return. The investment enters the rate base, and the commission's April 2025 order authorizes 9.375 percent on equity against that base. Ratepayers will pay a return on this program for decades. The commitment still has value.

PacifiCorp, Rocky Mountain Power's parent, has suspended dividends and reduced capital spending to absorb wildfire liabilities, and in a system where six states compete for the company's constrained capital, a binding floor with a Utah address and a deadline is worth something. What it is worth depends on details the press accounts do not contain: what categories of spending count toward the total, and what happens if the company falls short.

"Our request is the commission direct the company to engage with stakeholders before the end of the year and share more details about how this infrastructure program will be utilized and invite meaningful input on priorities and parameters," Dr. Logan Mitchell, a climate scientist with Utah Clean Energy, told the commission Friday.

The freeze has its own footnote. The commitment covers general rate cases and not the Energy Balancing Account, the mechanism that passes fuel and purchased-power costs through to customers, and not the fees that will feed the customer-funded wildfire fund the Legislature enabled in 2024, now pending in Docket No. 25-035-61 per the company's Utah filings index. The account is where the recent pain came from.

Utah Clean Energy's analysis of the original case showed the commission had separately granted about 10 percent through the account for coal and gas prices, which allowed the company to reduce its headline request from 30 to 18. The 10.6 percent decrease that makes this settlement painless is the same account swinging the other direction. Fuel prices will continue to fluctuate, and the account will track them through 2028.

A rate freeze at a regulated utility does not cancel costs. It schedules them. The next general rate case will carry three years of unrecovered capital, including whatever the infrastructure program spends, plus three years of load growth on a system that is already short.

The Gardner Policy Institute's April data summary counts 48 operational data centers in Utah drawing over 920 megawatts, with projects under construction adding 2,600 more megawatts, and cites reliability projections indicating Utah faces elevated grid risk by 2031.

Rocky Mountain Power does not have the capacity to meet the surge, and computing campuses in Millard County are building their own gigawatt-scale gas generation. The Legislature's Senate Bill 132, passed in 2025, created an alternative path for loads of 100 megawatts or more to contract for their own supply, with rules for separating those costs from retail customers. That limits how much of the boom lands on existing ratepayers.

It does not eliminate the spending on transmission and generation required for growth. And one dispute is already scheduled for the next case. Clean energy advocates calculate that PacifiCorp's current resource plan, by letting federal tax credits lapse, runs about $10 billion more expensive than its predecessor. The commission declined to order different procurement and said it would judge the company's conduct in future rate proceedings.

Then there is Oregon, where the costs Utah refused to pay have kept growing. A Multnomah County jury found PacifiCorp grossly negligent for four of the 2020 Labor Day fires. The damages trials now run continuously, and the class-action verdicts passed $1 billion in February. The company says it has settled nearly 90 percent of known claims for more than $2.2 billion, setting aside the Beachie Creek and Santiam Canyon claims, a figure that includes $575 million paid to the federal government in February for six fires in Oregon and California.

Berkshire Hathaway Energy's annual report shows roughly 1,700 individual claims still open. PacifiCorp has paid Oregon and California fire claimants more than $2.2 billion. It has promised Utah $2.2 billion in infrastructure.

The pressure those numbers describe has started to reshape the company itself. In November 2024, at the request of Cox, Adams, House Speaker Mike Schultz, and the Legislature, PacifiCorp delivered a corporate realignment report examining a breakup of the six-state utility. Rocky Mountain Power president Dick Garlish told the Legislature's interim committee that full scenarios would take nearly two more years to develop and that a breakup would be "not cost-free." That two-year window closes this fall.

On February 17, PacifiCorp agreed to sell its Washington operations to Portland General Electric for $1.9 billion, a deal covering about 140,000 customers plus generation assets. CEO Darin Carroll said the sale would help create "a more workable multistate utility structure." The package includes the Chehalis gas plant in Washington, the same asset whose costs the Utah commission refused to place on Utah bills in its April 2025 order.

The financial plumbing is being rebuilt alongside the map. In August 2025, the company asked the commission to approve a new inter-jurisdictional cost allocation protocol, the formula that determines which state pays for what, in Docket No. 25-035-47. Three days after the Washington announcement, it moved to suspend that proceeding to account for the sale's effect on cost allocation, and the parties were still requesting extensions in April.

In a companion filing, Docket No. 25-035-69, the company seeks a deferred accounting order to record the cost differences between the old formula and the new one as a regulatory asset, which is to say, as a balance carried forward for recovery in a later proceeding.

Utah's grievance in this fight was never really the corporate structure. It was that a six-state monopoly let other states' choices flow into Utah bills.

The Washington sale, the allocation rewrite, the Utah-specific investment pledge, and the Utah-centric wildfire insurance the company described Friday all answer that grievance in function, without the formal breakup Garlish warned would be expensive.

In exchange, the Legislature stands down, the Supreme Court case ends, and the question underneath the whole fight, who pays for Utah's growth and the West's fires, moves to the next general rate case.

Rates take effect no earlier than January 2029.

If you want to watch the full hearing, which of course you don't, as it's almost three hours, below is a recording of the livestream from The Public Service Commission of Utah.

Article edited by Clint Betts.

The Utahn

The Utahn

AI tools were used in the production of this article. Every story is edited, verified, and approved by a Utahn editor before publication.

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