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Full-Text Articles in Energy and Utilities Law

Public Utilities-Street Railway Regulation By State Commission In Home Rule City-Permission To Withdraw From Service Nov 1934

Public Utilities-Street Railway Regulation By State Commission In Home Rule City-Permission To Withdraw From Service

Michigan Law Review

A street railway company, located in a city with a home rule charter adopted in accordance with the state constitution, petitioned the state railway commission and was granted authority to curtail its transportation by buses. The company had been in bad financial condition during recent years; the number of passengers carried had been substantially decreasing, and the company was not able to pay full interest on bonded debt. Upon the insistence of the city, the company had put bus lines in operation several years earlier and these had continually been operating at a deficit. Upon appeal, the court held that …

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The Johnson Amendment To The Judicial Code, Edwin C. Goddard Jun 1934

The Johnson Amendment To The Judicial Code, Edwin C. Goddard

Michigan Law Review

The so-called Johnson bill amending the Judicial Code was passed by Congress and signed by the President on May 14, 1934. The bill was the result of long agitation against the alleged pernicious interference by United States District Courts with rate regulations of the state utility commissions and the state courts. It was charged that the removal of cases from state to federal tribunals was burdening the District Courts and, what was far more serious, was favoring the public utilities and preventing their proper state regulation by submitting controversies to judges having life tenure and who were out of touch …

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Public Utilities-Rate Base-Allowance For Depreciation Jun 1934

Public Utilities-Rate Base-Allowance For Depreciation

Michigan Law Review

Plaintiff toll bridge company appealed from an order of the Pennsylvania Public Service Commission which set a value for rate-making purposes on their bridge property, constructed in 1924-25, identical to the original valuation order of 1926, for the rate-base as of February 2, 1932. The order allowed a depreciation deduction annually which, with 4 per cent simple interest, would amount to enough to replace the bridge at the end of its estimated period of usefulness. The company claimed the order was confiscatory, as based solely on original cost, without taking into account current cost of reproduction; and that interest should …

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The Evolution And Devolution Of Public Utility Law, Edwin C. Goddard Mar 1934

The Evolution And Devolution Of Public Utility Law, Edwin C. Goddard

Michigan Law Review

As long ago as 1873, and very likely even earlier, courts were speaking of the public utility in the sense of the public convenience or advantage, a New Jersey court saying, "these prerogatives (of railway corporations) are grants from the government, and public utility is the consideration for them." This has been often quoted by other courts, notably by your Judge Atherton in the famous case of Scofield v. Railway in 1885. But the term "public utility'' as applied to plants or corporations rendering a public service is very new. It is not to be found in the 1904 edition …

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Constitutional Law-Right To Competition Feb 1934

Constitutional Law-Right To Competition

Michigan Law Review

The appellee was engaged in the business of selling natural gas. A rival utility entered the field duplicating the plant and facilities of the appellee and established with the consent of the Public Service Commission a rate lower than the prevailing rate charged by the appellee. In an attempt to retain its customers against the lower prices of its competitor the appellee lowered its rate several times. The appellants finally ordered the appellee to submit evidence as to the reasonableness of its rates. Upon investigation the Public Service Commission found that the business in the territory was capable of supporting …

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Trade Restraints - Inducing Breach Of Contract Jan 1934

Trade Restraints - Inducing Breach Of Contract

Michigan Law Review

Plaintiff had "exclusive requirement" contracts with 90% of the users of electricity in various communities in Texas. Defendant was in the business of selling municipal electric plants to communities under a plan whereby, on assurance that enough users would enter into exclusive contracts to make the plant a success, the defendant agreed to look for payment to the revenue of the plant only. Installation of a municipal plant would, therefore, necessitate breaches of the "exclusive requirement" contracts on the part of some of plaintiff's customers. Held, that plaintiff was not entitled to an. injunction restraining defendant from inducing plaintiff's …

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May A City Build A Municipal Light Plant And Refuse To Offer For Sale A Franchise To A Public Utilities Corporation?, H. Church Ford Jan 1934

May A City Build A Municipal Light Plant And Refuse To Offer For Sale A Franchise To A Public Utilities Corporation?, H. Church Ford

Kentucky Law Journal

No abstract provided.

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The Municipality As A Unit In Ratemaking And Confiscation Cases, Robert D. Armstrong Jan 1934

The Municipality As A Unit In Ratemaking And Confiscation Cases, Robert D. Armstrong

Michigan Law Review

The recent decision of the Supreme Court of the United States in the so-called Martinsville case has been interpreted by some critics as laying down a "municipal unit doctrine" of rate making, denying to a system utility the right to earn from its entire operations a fair return on the value of its entire property, and substituting therefor a "bundle of rights" to earn in each "municipality" served a fair return on the value of the property used and useful therefor.

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The Public Services Commission Of Maryland, Robert A. Maurer Jun 1933

The Public Services Commission Of Maryland, Robert A. Maurer

West Virginia Law Review

No abstract provided.

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Public Utility Valuation - Rate Base Jun 1933

Public Utility Valuation - Rate Base

Michigan Law Review

The California Railroad Commission, in conducting a hearing in 1930 on natural gas rates charged by the Los Angeles Gas and Electric Corporation, found that the "historical value" of the utility was $60,704,000, and that its "fair value" for rate-making purposes was $65,000,000. This fair. value figure included no specific allowance for going concern value. The company's engineers had estimated the fair value at $95,000,000, on the basis of the "present cost of reproduction" theory. The commission, relying on its fair value figure of $65,000,000, ordered a rate reduction. A three-judge federal court refused to enjoin the enforcement of the …

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Direct Resort To The Courts To Recover Rate Overcharges For Utility Service, Charles H. Haden, Wesley R. Tinker Jr. Apr 1933

Direct Resort To The Courts To Recover Rate Overcharges For Utility Service, Charles H. Haden, Wesley R. Tinker Jr.

West Virginia Law Review

No abstract provided.

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Public Utilities - Certificate Of Convenience And Necessity - Court Review Of Orders Of Commission Feb 1933

Public Utilities - Certificate Of Convenience And Necessity - Court Review Of Orders Of Commission

Michigan Law Review

A telephone company petitioned the railroad commission for a certificate of convenience and necessity and for authority to extend its lines into territory already served by another company. The application was denied by the commission, but upon appeal the circuit court set aside the order. The supreme court held that the orders or determinations of the commission in such matters will not be disturbed by the courts unless unreasonable in the sense that reasonable men might not well differ with respect to their correctness. Union Co-operative Telephone Company v. Public Service Commission of Wisconsin, 206 Wis. 160, 239 N. …

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Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch Feb 1933

Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch

Michigan Law Review

The far-reaching contest being waged between the advocates of municipal ownership of public utilities and the private ownership group, between those who "want the government to get out of business" and those who desire to see an increase in its proprietary functions, has produced a number of sharp legal controversies. One of the most interesting of these, recently litigated in a number of state courts, is whether an obligation incurred for the purchase or repair of a municipally-owned utility is a "municipal debt" within the meaning of constitutional or statutory debt limits. Because of the wide-spread interest in, and the …

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The Abrogation Of Public Utility Rate Contracts, Louis Cox Jan 1933

The Abrogation Of Public Utility Rate Contracts, Louis Cox

Kentucky Law Journal

No abstract provided.

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The Power Of A State To Control The Export Of Hydro-Electric Energy, James W. Simonton Dec 1932

The Power Of A State To Control The Export Of Hydro-Electric Energy, James W. Simonton

West Virginia Law Review

No abstract provided.

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Burden Of Proof In Rate Cases Involving Inter-Corporate Charges, William E. Treadway Nov 1932

Burden Of Proof In Rate Cases Involving Inter-Corporate Charges, William E. Treadway

Michigan Law Review

The United States Supreme Court has held repeatedly that dealings between intercorporately related companies should be scrutinized closely to prevent any unfair advantage being taken of a subsidiary public utility company by a dominant organization through an exercise of the control inherent in capital stock ownership.1 Yet in an opinion written by Mr. Justice McReynolds in 1923, the court laid down a rule for utilities commissions in rate cases involving intercorporate service-contract charges which, if strictly adhered to, would have sounded the death knell for effective commission regulation.

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Public Utilities -The Effect Of Recent Cases On The Control Of Public Utility Holding Companies Jun 1932

Public Utilities -The Effect Of Recent Cases On The Control Of Public Utility Holding Companies

Michigan Law Review

When the stock of a local utility company is owned by a holding company, difficult problems of regulation are presented to the state utilities commission. The commission can still control the rates which the local utility can charge, but, usually it cannot directly control the holding company which is a private business or is engaged in interstate commerce. Yet some control over the holding company is necessary for the effective control of the local utilities, and recent years have witnessed several attempts on the part of state commissions to obtain this control. So far they have not been entirely successful.

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Constitutional Law--Separation Of Powers--Water Power Act, Bernard Sclove Feb 1932

Constitutional Law--Separation Of Powers--Water Power Act, Bernard Sclove

West Virginia Law Review

No abstract provided.

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Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat Feb 1932

Public Utilities - Private Carrier Cannot Be Made A Common Carrier By Legislative Fiat

Michigan Law Review

The appellant, a private carrier for hire, was arrested for operation of motor vehicles upon the state highways without having obtained a certificate of public convenience and necessity from the state railroad commission and without having paid the mileage tax required by the state statute. This statute also gave the commission power to fix and approve rates and schedules, and otherwise regulate carriers. It further stated that, if any of its provisions were held to be unconstitutional, the validity of the remaining portions should be unaffected. Laws of Florida, 1929, c. 13700. In view of this latter provision, the state …

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The Regulation Of Public Utilities, Other Than Railroads, By State Administrative Commissions, Louis Cox Jan 1932

The Regulation Of Public Utilities, Other Than Railroads, By State Administrative Commissions, Louis Cox

Kentucky Law Journal

No abstract provided.

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State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell Jun 1931

State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell

Michigan Law Review

While enterprises that are "affected with a public interest" or "devoted to a public use" or that come within the class of strict public utilities may be compelled to do a number of things that strictly private enterprise may avoid, the power over utilities is not unlimited. Requirements deemed onerous may be contested as denials of due process of law. The constitutional issue thus raised under the Fourteenth Amendment entitles protestants to start injunction proceedings in federal courts and to seek appeals to the United States Supreme Court from unfavorable decisions of state courts. Often the complaint is not of …

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Administrative Tribunals-Right To Federal Injunction Against Administrative Orders Jun 1931

Administrative Tribunals-Right To Federal Injunction Against Administrative Orders

Michigan Law Review

The public utility commission of Ohio refused to permit the plaintiff motor bus company to operate over a portion of the route for which application was made for a certificate. The plaintiff applied to the federal district court for an injunction against enforcement of the commission's order on the ground that it amounted to a deprivation of property without due process. A temporary injunction was granted. Thereafter, the plaintiff took a statutory appeal to the state supreme court, which affirmed the order, after which the plaintiff sought a permanent injunction in the federal court. Held, the decision of the …

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Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity May 1931

Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity

Michigan Law Review

Certain coal fields in West Virginia are served by the Chesapeake and Ohio, the Norfolk and Western, and the Virginian railroads. The Chesapeake and the Norfolk compete for the westbound coal traffic coming over the Virginian which has no lines in the western part of these fields. The Interstate Commerce Commission authorized the Virginian to build a short connecting line which made possible much cheaper carriage over the Chesapeake, and authorized the Norfolk to construct a similar line in order to compete on equal terms. The Chesapeake sought a reversal on the ground that the Interstate Commerce Commission is not …

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State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell May 1931

State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell

Michigan Law Review

This is a review of Supreme Court decisions for the past eight years on the subject of the application of the Fourteenth Amendment to state regulation of property and business "devoted to a public use'' or "affected with a public interest,'' if one may be allowed to endorse without recourse these amorphous phrases issued by the court. The field covered is broader than that of strict public utilities which may be subjected to the duty to serve all. It includes all efforts on the part of the states to subject particular enterprises to price regulation. Rates of interest and charges …

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Public Utilities-Valuation-The Rate Base Mar 1931

Public Utilities-Valuation-The Rate Base

Michigan Law Review

The Board of Public Utility Commissioners of New Jersey appealed from a decree entered in the district court enjoining the enforcement of their order regulating the rates of the Elizabethtown Water Co. The district court found that, upon its own determination as to valuation, the rates prescribed were confiscatory and violative of the due process clause of the Fourteenth Amendment. Held, the basis of valuation in determining the rate base is present value. After reviewing the evidence, the court was of the opinion that the utility's evidence as to valuation was the more satisfactory, and that. the rates prescribed …

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Public Utilities--Confiscatory Rate-Operation Enforced In Accord With Contract Between Predecessor And Municipality Feb 1931

Public Utilities--Confiscatory Rate-Operation Enforced In Accord With Contract Between Predecessor And Municipality

Michigan Law Review

This action was brought to compel the defendant to operate in Decatur about a mile of its interurban system at an admittedly confiscatory rate. Defendant's predecessor, chartered by the Georgia legislature to acquire and operate street railways, contracted with plaintiff, in return for permission to remove one Decatur line, to operate the line involved and never charge more than a five-cent fare. The cost of service, aside from compensation to capital, exceeded the revenue. With a paving assessment imminent, the carrier offered to surrender its permit to operate, and notified plaintiff that it would discontinue service. The city refused to …

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Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature Feb 1931

Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature

Michigan Law Review

The Dry Dock Company was given franchises by the legislature to operate street railways in New York City, by Laws 1860, c. 512, and Laws 1866, cc. 866, 868, 883. These special laws fixed a five-cent maximum fare. Much later, the Public Service Commission Law (Cons. laws, c. 48) was enacted. Sec. 29 of this provided that, "unless the commission otherwise orders, no change shall be made in any rate * * * which shall have been filed and published by a common carrier * * * except after 30 days' notice to the commission * * * and all …

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Changing Factors Of Reasonable Rates, Clarence M. Updegraff Jan 1931

Changing Factors Of Reasonable Rates, Clarence M. Updegraff

Michigan Law Review

In this period of financial difficulties there arise many old familiar problems. Some are inherent in times of "tight" money; some perhaps may be solved once and for all; others may possibly be met in such a way that certain of their had features will be permanently modified. In this last class seem to lie certain problems of public utility financing.

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Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message Jan 1931

Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message

Michigan Law Review

It is surprising that despite the tremendous number of messages handled, covering almost every conceivable subject, the question of the liability of a telegraph company for the transmission of a defamatory message has arisen in but half a dozen jurisdictions. The earliest reported case, decided in 1858 when the law as to the tort liability of a corporation was still in the formative period, asserted the liability of the telegraph company on the sole ground that a corporation could be guilty of malice. Following a series of cases arising in the state and federal courts of Minnesota, a modern rule …

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The West Virginia Water Power Act, James W. Simonton Dec 1930

The West Virginia Water Power Act, James W. Simonton

West Virginia Law Review

No abstract provided.

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