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(DOWNLOAD) "Granger v. Erie Et Al." by Supreme Court of Montana * eBook PDF Kindle ePub Free

Granger v. Erie Et Al.

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eBook details

  • Title: Granger v. Erie Et Al.
  • Author : Supreme Court of Montana
  • Release Date : January 31, 1935
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

PUBLIC SERVICE COMMISSION, GAS, APPEAL AND ERROR, PUBLIC UTILITIES. 1. Gas — Evidence sustained order. In action challenging validity of the Public Service Commission order allowing power company increase in gas rates, power companys uncontroverted evidence of increased costs as contrasted with revenues sustained district courts order affirming Commission order and did not sustain plaintiffs contention that board had placed too much reliance upon evidence offered by company showing reproduction cost less depreciation, in arriving at value of companys plant. 2. Public Service Commissions — Appeal and Error — Substantial evidence rule. If there is substantial evidence to support rate order of Public Service Commission, courts will not interfere with its conclusion. 3. Public Service Commissions — Value of plant — Discretion as to method. The Public Service Commission has wide latitude in choosing method of arriving at value of utility plant used and useful in serving public in making rate determination. 4. Gas — Reproduction cost, application of. The Public Service Commission, in proceeding on application to increase gas rates, in considering reproduction costs of plant used and useful in serving company, could consider fact that not all of the plant would ever be reproduced in its present form. 5. Gas — Record sustained finding as to capital costs. Record showed that Commission considered companys records relative to outstanding shares of stock, bonds and other indebtedness, dividends and interest paid, operating expenses, capital expenditures, taxes and plant records and failed to sustain contention that company had not submitted requisite information as to capital costs. 6. Public Service Commissions — Statutes — Duty of Public Service Commission to reviewing court. Statutes do not require Public Service Commission, in granting rate increase, to make findings of fact, but their function is only to inform reviewing court of basis of order. 7. Gas — Objectors must submit evidence to show Commission figures are wrong. If there is any fault in figures submitted to Public Service Commission by power company seeking gas rate increase, objectors must produce some evidence to that effect, and, in action challenging validity of order granting increase, Commission cannot Page 105 be placed in error for ruling according to the only evidence before it. 8. Gas — Record showed increased costs. In action challenging validity of order of Public Service Commission granting power company first gas rate increase since 1935, record showing increased costs, as contrasted with revenues, failed to reveal any abuse of discretion in granting the increase. 9. Public Service Commissions — Statute as to investigation permissive. Statute authorizing Public Service Commission to make investigation on its own before authorizing rate increases is permissive and not mandatory, and Commission need not do so if it is satisfied with the proof submitted to it. 10. Gas — Proof showing rates unreasonable not made. Relator maintaining action to challenge validity of order of Public Service Commission granting gas rate increase could not sustain burden of proving that rates were unreasonable merely by showing that Commission failed to call as witnesses, engineers, examiners and experts provided for its use by statute.


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