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Articles 4621 - 4650 of 4684
Full-Text Articles in Energy and Utilities Law
Public Utility Service And Discrimination, Charles S. Hyneman
Public Utility Service And Discrimination, Charles S. Hyneman
Indiana Law Journal
No abstract provided.
Valuation In The Supreme Court, Alfred Evens
Valuation In The Supreme Court, Alfred Evens
Articles by Maurer Faculty
No abstract provided.
Public Utilities--Valuation Of Leaseholds, R. P. Holland
Public Utilities--Valuation Of Leaseholds, R. P. Holland
West Virginia Law Review
No abstract provided.
The Meaning Of Present Value As Public Utility Rate Base, Lawrence P. Simpson
The Meaning Of Present Value As Public Utility Rate Base, Lawrence P. Simpson
West Virginia Law Review
No abstract provided.
Discontent With Public Utility Rate Regulation, Taylor E. Groninger
Discontent With Public Utility Rate Regulation, Taylor E. Groninger
Indiana Law Journal
No abstract provided.
Going Value And Rate Valuation, Ben W. Lewis
Going Value And Rate Valuation, Ben W. Lewis
Michigan Law Review
From the mere circumstance "that a controversy has been long kept on foot, and remains still undecided, we may presume that there is some ambiguity in the expression, and that the disputants affix different ideas to the terms employed ...... " Although David Hume was not here concerning himself with twentieth century utility regulation, his observation finds appropriate employment as a preface to a present day study of the problem of going value. The problem is an open one-temptingly open. Years of contention, an impressive array of publications by economists, attorneys, and engineers, and hundreds of opinions of courts and …
Public Utilities-Easement In Public Highways As An Element In Rate-Base Of Street Railway
Public Utilities-Easement In Public Highways As An Element In Rate-Base Of Street Railway
Michigan Law Review
Out of the vast amount of indefiniteness that characterizes the law governing the valuation of public utility corporations for the purpose of fixing rates, two theories have been evolved as guiding principles in determining the "fair value" of the utility upon which a reasonable return is to be allowed. Some courts adhere to the reproduction theory; others to the prudent investment theory as the controlling factor in determining the rate-base. See 15 MICH. L. REV. 205; 22 MICH. L. REV. 147. And it is now evident that one of these two theories will prevail, but which one is still uncertain. …
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Michigan Law Review
Where a state statute prescribes maximum intrastate railroad rates and also attaches heavy penalties for violations of the statute by a railroad or its agents, and where a railroad thinks the rates are confiscatory and hence unconstitutional, it is faced with an apparent dilemma. Must it either submit to the supposed confiscatory rates or else run the chance of incurring heavy penalties in case the statute is held constitutional? Or, is there another alternative-a painless way of testing the validity of the rates?
The Changing Law Of Competition In Public Service--A Dissent, T. W. Arnold
The Changing Law Of Competition In Public Service--A Dissent, T. W. Arnold
West Virginia Law Review
No abstract provided.
Public Utilities--Insufficient Supply Of Gas As Ground For Relief From Duty Of Natural Gas Company To Supply An Applicant For Service``, Hugh R. Warder
Public Utilities--Insufficient Supply Of Gas As Ground For Relief From Duty Of Natural Gas Company To Supply An Applicant For Service``, Hugh R. Warder
West Virginia Law Review
No abstract provided.
Public Utility Valuation For Rate Making Purposes
Public Utility Valuation For Rate Making Purposes
Michigan Law Review
Ever since Munn v. Illinois (1876) 94 U. S. 113, which first decided that the charges to be made for services rendered by public utilities were to be subject to governmental regulation, the courts have been confronted with a problem, so elusive and indefinite, that over five decades of litigation and wrangling have failed to provide a satisfactory solution. The so called "rule" of Smyth v. Ames (1898) 169 U. S. 466, specifying the elements to be considered in ascertaining the value of public utilities for the purpose of rate-making, has only served to submerge the problem further in its …
The Changing Law Of Competition On Public Service, Thomas P. Hardman
The Changing Law Of Competition On Public Service, Thomas P. Hardman
West Virginia Law Review
No abstract provided.
The Indeterminate Permit For Public Utilities, E. Blythe Stason
The Indeterminate Permit For Public Utilities, E. Blythe Stason
Michigan Law Review
Public utilities possess the privilege of furnishing services to the public and most of them use the streets, highways and public places to deliver their services to their customers. Franchises are required to confer the privilege of serving and to authorize the use of public property. Franchises were formerly perpetual; more recently they have been limited to short terms of years; and now we are acquiring still another variety-the indeterminate permit. The last deserves more than a casual acquaintanceship. In fact, it demands close scrutiny. Rightly conceived, it is a device of decided promise. Conceived in unfairness, partiality or ignorance, …
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Michigan Law Review
Fifteen states in enacting public utility laws creating public utility commissions, have provided for an appeal on review of commission decisions, by the supreme court of the state. Other states provide for review by lower state courts with a subsequent appeal therefrom to the supreme court. No doubt, the direct appeal goes hand in hand with the more expeditious legal procedure exemplified by the creation of such administrative tribunals. In most states, including eight of the above fifteen, the constitutions provide that the jurisdiction of the supreme courts shall be appellate only, except for a few prerogative writs of original …
Public Utilities-Power Of Commission To Change Rate Paid By Private User Under Special Contract With The Utility
Michigan Law Review
Within the last decade the right of the state to change the rates of a public utility, as fixed by contract, has been presented to the courts numerous times. An examination of the cases on the subject shows that much of the law has now become settled.
Public Utilities-Policy As To Competition Between Utilities
Public Utilities-Policy As To Competition Between Utilities
Michigan Law Review
The older view held that the public would be most benefitted by stimulating a vigorous competition among all occupations, including public utilities. An example of such cut-throat competition is to be seen in United Railroads of San Francisco v. City and County of San Francisco, 249 U. S. 517, 39 S. Ct. 361. There, a street railway which had been operating for forty years was paralleled by a municipal railway, though the volume of business did not warrant such a duplication. Another striking example is discussed in Niagara Gorge R. Co. v. Gaiser, 109 Misc. Rep. 38, 178 …
Cancellation Of Oil And Gas Lease For Failure To Market Product Or To Develop Leased Premises After Discovery Of Oil Or Gas, Maurice H. Merrill
Cancellation Of Oil And Gas Lease For Failure To Market Product Or To Develop Leased Premises After Discovery Of Oil Or Gas, Maurice H. Merrill
Indiana Law Journal
No abstract provided.
Going Value, William W. Potter
Going Value, William W. Potter
Michigan Law Review
It has been said that the law defining "Going Value" and prescribing the method of proving its existence, in any particular public utility rate case, is still in a formative stage,--which implies that though there is an undefined something which constitutes the basis of going value, on account of its elusive and intangible nature, no one has a clearly defined idea of what it is, whence it originates, or how it may be proved and established.
Pseudo-Protection Of The Property In Rate Cases
Pseudo-Protection Of The Property In Rate Cases
Michigan Law Review
It is clear that in ascertaining the present value we are not limited to the consideration of the actual investment. If that has been reckless or improvident, losses may be sustained which the community does not underwrite. As the company may not be protected in its actual investment, if the value of its property be plainly less, so the making of a just return for the use of the property involves the recognition of its fair value if it be more than its cost. The property is held in private ownership, and it is that property, and not the original …
Rate Regulation--The Rate Base--Amortization, C. L. W.
Rate Regulation--The Rate Base--Amortization, C. L. W.
West Virginia Law Review
No abstract provided.
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Michigan Law Review
There are many places in the law where the making of a distinction has resulted in a difficulty in application that has greatly increased litigation, but there are few places where this is more true than in the distinction made between the governmental and the proprietary functions of municipal corporations. The distinction has taken a firm grip upon the law of municipal corporations and seems well settled, although its propriety as applied to particular subjects may be doubted. The terminology of the distinction is in itself productive of doubt, the function or duty in the one branch being denominated "governmental", …
The Principle Of Reparation Applied To Rate Regulation, A. H. Ryall
The Principle Of Reparation Applied To Rate Regulation, A. H. Ryall
Michigan Law Review
Those instruments of service, commonly called "Public Utilities", have become an essential part of our every day life, if not of our civilization. It is not until we enumerate their uses that we fully appreciate our constant dependence upon them.
Fair Value Of Public Utilities, Edwin C. Goddard
Fair Value Of Public Utilities, Edwin C. Goddard
Michigan Law Review
Such being the decisions, we turn to the practical working of the theories that have been applied. The law is a practical subject. Even in so sacred a matter as protection of property, rules of law should regard the practical results of any theory. A theory that works badly, presumptively at least, is defective, and may be wrong. The guaranties of the Constitution were made for man, not man for the guaranties, and a conception of property that does not work out for the advantage of man may raise a query whether the Constitution demands that conception. It was that …
Fair Value Of Public Utilities, Edwin C. Goddard
Fair Value Of Public Utilities, Edwin C. Goddard
Michigan Law Review
It has been often remarked that the property of a public utility is privately owned, and it was not until recent years that its owners ceased to insist that they had all the rights of a private owner in the use and enjoyment of the property. Munn v. Illinois was a rude jar, but it has withstood the storm it aroused, at least to the extent that it is no longer questioned that property devoted to a public use is subject to public regulation, especially as to the charges that may be made to the public for the use. During …
Recent Developments In Regard To Rate Regulation, Thomas Porter Hardman
Recent Developments In Regard To Rate Regulation, Thomas Porter Hardman
West Virginia Law Review
No abstract provided.
Public Utility Valuation
Michigan Law Review
It has been so often remarked that the "valuation" of public utilities is determined by no rule of thumb, that there are no fixed rules or formulas to guide courts or commissions, that determination of value as a rate base is matter of judgment and discretion in each case, Minnesota Rate Cases, 230 U. S. 352, 434, that the statement has come to be believed by reason in part of its much repetition. It is usually accepted as axiomatic. The glorious uncertainty resulting from such an admission will continue so long as judgments of one man or set of …