63 Pa. Super. 337 | Pa. Super. Ct. | 1916
Opinion by
The Act of 1913 creating The Public Service Commission declares in Section 1, Article IY, that it is “an administrative body or commission for the purpose of regulating public service companies.” The basic character of the newly created body is thus clearly defined. To enable such a body to execute the avowed legislative intent in creating it, — to wit, the regulation of public service companies in the State of Pennsylvania, — it was necessarily invested with powers far reaching in extent and productive of possible results of vital importance not only to those immediately affected by them but as well to the whole body of the State. The general scope of these powers is well summarized in Section 1, of Article Y, of the act which again begins by declaring “The commission shall have general administrative-poAver and authority, as provided in this act, to supervise and regulate all public service companies doing business within this Commonwealth.” As many ,of the orders made even by such an administrative commission, in the proper execution of its powers, Ayould necessarily have the effect of a judicial judgment or decree affecting the property rights of the citizen, any party aggrieved thereby
By the Act of 1915 the legislature saw fit to amend certain sections of the Act of 1913 so as, inter alia, to make the appeal allowed by the last named act to this court instead of the Court of Common Pleas of Dauphin County. Section 22, of the Act of 1913, just quoted, was neither amended nor repealed. It still measures the scope and purpose of our revisory powers, so far as conferred by this act, as it did those of the court of Dauphin County. There is nothing in the Act of 1915 to warrant the conclusion- that the legislature intended to make the Superior Court a second administrative commission. The statute neither -requires nor authorizes this court to fix and determine for itself the rate, charge, &c., that- a public service company may exact. Our function is, as the statute declares, but to decide whether or not the appellant has discharged the burden cast on him by the legislature. Or in the words of the act our inquiry, therefore must be, was the order appealed from, as shown by the record certified to us by the commission, “reasonable and in conformity with law”?
The Mount Union Water Company is a public service company within the Commonwealth. It supplied water to private consumers in the Borough of Mount Union and to the borough itself for fire protection or other municipal purposes. It undertook to raise its schedule of rates to both classes of consumers. Thereupon the
One of the chief contentions before the commission was that the ordinance of the borough, under which the water company occupied its streets, would expire in ten years from its date, and that within that period the water company was obligated, by its acceptance of the ordinance, to maintain the schedule of rates therein, specified. This question was carefully considered by the commission and was determined against the appellant under the authority of Turtle Creek Borough v. Pennsylvania Water Company, 243 Pa. 415, and Bellevue Borough v. Ohio Valley Water Company, 245 Pa. 114. This conclusion was so clearly correct that upon the argument of the appeal in this court, the able counsel for the appellant formally abandoned the assignment of errcfr complaining of the action of the commission in this respect. The provisions of the ordinance as to rates therefore presented no legal obstacle to the increase proposed.
It was next urged before the commission that if the proposed increase were to be continued it would result in rates to consumers that would be unreasonable and oppressive. The proper determination of this question necessarily involved the ascertainment of a number of facts, such as the value of the investment of the company, the length of time it had operated, the amount of gross revenue received from consumers, and the proper deduc
Two further questions are urged by the appellant as reasons why the water company should not at this time be permitted to make the proposed increase in rates. It is contended that the supply of water was inadequate in quantity and did not satisfy the obligations of the company under the ordinance; and further that it was not of the quality required by the same ordinance. There was testimony that at certain times mentioned tests were made and the pressure of water obtainable was far below, that which the company had undertaken to furnish. There was also testimony that the lack of pressure at the times named was owing to causes over which the company had no control, such as the unusual and unexpected drouth of a particular season, and that the valves leading from the main reservoir had been tampered with by
But the commission went further by its order so that it might be satisfied, from the periodical tests it required to be made, that the borough would receive an adequate supply of water. The order shows that in this respect the commission held the petition so that upon the completion of the tests it directed to be made it could finally determine- the question of the adequacy of the water supply. It was found under the evidence that proper care had not been taken by the water company in the protection of the water shed from which its reservoirs were filled. In this respect, too, a forward order was made, under the power expressly given to the commission, which order required the company to take the necessary steps to prevent any further pollution. The order made by the commission distinctly provides what is to be done by the company as to the two matters last mentioned and concludes as follows: “3. — That the complaint in this case be, and the same is hereby dismissed save as to matters provided for in this order.” This action of the commission, fully authorized by the statute, as we have already said, was clearly for the benefit of the borough and its citizens, and we are unable to see how it can be made a subject of complaint or how we could rightfully interfere with it. If the tests provided for have not satisfied the commission that the company was complying with its obligation to furnish an adequate supply of water, or if the water company should neglect and refuse to carry out the provisions of the order relating to the protection of its water shed, the commission is amply authorized to make such further order as would fully protect both the borough and its citizen consumers.
After a careful review of the entire record, we are unable to say that the order made by the Public Service
Order affirmed. The costs of this appeal to be paid by the appellant.