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Articles 4741 - 4770 of 4810
Full-Text Articles in Energy and Utilities Law
Public Utilities-Valuation-The Rate Base
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 …
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 …
Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature
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 …
Changing Factors Of Reasonable Rates, Clarence M. Updegraff
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.
Libel And Slander-Liability Of A Telegraph Company For The Transmission Of A Defamatory Message
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 …
The West Virginia Water Power Act, James W. Simonton
The West Virginia Water Power Act, James W. Simonton
West Virginia Law Review
No abstract provided.
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.