12 A.D.2d 853 | N.Y. App. Div. | 1961
Proceedings brought under article 78 of the Civil Practice Act, and subsequently consolidated, to review and annul a determination and certain orders of the Public Service Commission constituting an interim decision which, among other things, authorized the respondent .utility to effect temporary increases in rates for electric service to large-use consumers in certain service classifications pending final determination, in a general investigation of respondent utility’s rates instituted by the commission upon its own motion. Temporary rate changes are authorized if the commission is satisfied “ that the public interest requires a change * * * or that such change is necessary for the purpose of providing adequate and efficient service, or for the preservation of the property ”. (Public Service Law, § 72.) It would, of course, be helpful to our initial approach and understanding upon review if at the outset the commission should indicate which one or more of these grounds underlie its determination; but we cannot say, as one group of petitioners contends, that the absence of a statement in the somewhat conclusory language of the statute and, indeed, of a somewhat more precise expression of the commission’s rationale, is fatal, since in this particular case the basis of the determination otherwise appears with sufficient clarity. We do observe, however, that such deficiencies, when in fact material, may not be supplied by resort to argument and inference as is attempted here. Passing from the general, statutory authority to the specific basis upon which the particular relief was granted, it is clear that the interim increase was sought and found warranted upon the ground that, in the language of the commission’s decision, such was “ necessary for the protection of present security holders and to attract the additional capital required in the immediate
