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Full-Text Articles in Energy and Utilities Law

Public Utilities - Charging Companies With Expense Of Investigation - Constitutionality Jun 1936

Public Utilities - Charging Companies With Expense Of Investigation - Constitutionality

Michigan Law Review

A Washington statute provides that whenever the public service commission shall deem it necessary in the performance of its duties to make any investigation or valuation of a public service company, the public service company shall pay the expenses reasonably attributable thereto. The statute provides that the commission, after giving an opportunity to be heard, "shall render a bill therefor or for such part thereof as it may find necessary and reasonable." In an appeal by certain public service companies from an assessment made by the commission, held, the statute was unconstitutional because of denial of equal protection of …


Public Utilities-Injunction Restraining Enforcement Of Rate Order Of State Commission-Jurisdiction Of Federal Court Under Johnson Act Jun 1936

Public Utilities-Injunction Restraining Enforcement Of Rate Order Of State Commission-Jurisdiction Of Federal Court Under Johnson Act

Michigan Law Review

Plaintiffs sued in a federal district court for an injunction restraining enforcement of an order of the Corporation Commission of Oklahoma reducing gas rates. The plaintiffs alleged that the new rates were confiscatory and in violation of due process of law under the Fourteenth Amendment. It appeared that there was much uncertainty in the decisions of the Supreme Court of Oklahoma as to whether the appeal to that court from the orders of the Corporation Commission were legislative or judicial. Held, that in view of the uncertainty of an opportunity for judicial review of the orders of the Commission, …