66 Pa. Super. 448 | Pa. Super. Ct. | 1917
Opinion by
This case comes up by appeal of the Pennsylvania Power Company from an order of the Public Service Commission approving the incorporation of the Conoquenessing Power Company, the object of which is the supply, storage or transportation of water and water power for commercial and manufacturing purposes in the Township of Wayne in the County of Lawrence. The plan involves the construction of a dam or dams on Conoquenessing creek and the development of electrical power by means of water power as authorized by the Act of July 2,1895, P. L. 425. The appellant is a power company owning a dam in Conoquenessing creek at Ellwood City at which it has a power plant for the generation of electricity which it supplies to Ellwood
It is further objected that the order was made without evidence or against the weight of the evidence. An examination of the voluminous record does not lead us to that conclusion. The applicants for the charter had the deliberate approval of their plan by the Water Supply Commission. Evidence was taken on the questions involved and the commission was aided by the discussion of able counsel on the respective sides. The statute does not declare what evidence shall be sufficient to induce the commission to act; nor does it require that evidence be taken under all circumstances. Some applications may be of such character as to render that course entirely unnecessary. The geographical and topograph
It is further urged that the granting of the application ought not to be approved because it does not appear in the case that it was proper for the accommodation, convenience or safety of the public, the substance of the appellant’s argument being that there is evidence of adequate service of electrical power in the district proposed to be served by the Conoquenessing Power Company; that the new company will be a competitor in a field theretofore exclusively occupied by the appellant and
The complaint of the intervening appellants is that the Public Service Commission did not open the hearing for the purpose of taking testimony in support of the allegations set forth in their petition to the. Public Service Commission and that the commission erred in entering the order of May 10, 1916, approving the incorporation of the water power company. The answer of the Public Service Commission to the petition of the land owners to intervene sets forth that the order of the commission was made “after public hearing held upon due notice and after careful consideration of all evidence which could