70 Pa. Super. 308 | Pa. Super. Ct. | 1918
Opinion by
Tbe Mountain Gas Company, a public service corporation, organized on January 20, 1914, under tbe Act of May 29, 1885, entitled “An Act to provide for tbe incorporation and regulation of natural gas companies,” presented to tbe Public Service Commission its petition praying for a certificate of-public convenience, evidencing tbe approval by tbe commission of a contract.for tbe sale and transfer of all property, powers and franchises of tbe corporation to tbe Potter Gas Company, a corporation organized under tbe same act of assembly. Tbe Y. & S. Bottle Company, a manufacturing corporation, wbicb bad been receiving a supply of natural gas from tbe Mountain Gas Co. and Mark Lawler, a resident of tbe village of Roulette, situate within tbe field where tbe companies operated, filed protests against tbe approval of tbe proposed sale and issuance of tbe certificate of public convenience. Tbe commission held bearings at wbicb a large amount of testimony was taken and tbe parties were beard by their counsel, and after full consideration tbe commission found and determined that tbe granting of tbe application was “necessary and proper for tbe service, accommodation, convenience and safety of tbe public” and in accordance with said determination issued its certificate of public' convenience. Tbe V. & S. Bottle Co-, appeals from this determination.
Tbe appellant bad not presented to tbe Public Service Commission its petition to intervene, as it might have done under tbe provision of tbe Public Service Commission Law, of July 26, 1913, P. L. 1374, Sec. 14, Art. YI. There may be a question whether under tbe provisions
The legislation existing prior to the enactment of the Public Service Company Law renders lawful such sales of property and franchises as that which the Mountain Gas Co. petitioned the Public Service Commission to approve. The Public Service Company Law did not take away from such corporations the right to make such a sale. It merely made that right subject to the regulation that the contract must be approved by the Public Service Commission. The powers and duty of the commission with regard to such approval are defined by Section 18, Article V, of the statute: “Such approval, in each and every such case, or kind of application, shall be given only if and when the said commission shall find or determine that the granting or approval of such application is necessary or proper for the service, accommodation, convenience, or safety of the public.” This is the only barrier which the statute raises to the approval of such contracts. It does not provide that the corporations shall be called upon to establish any specific facts. The commission is by the statute made the guardian of the interests of the public, and the burden upon the corporation is to present a case which warrants the Public Service Commission in exercising the discretion with which it is by law invested. 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: Pennsylvania Power Co. v. Public Service Commission, supra. In Perry County Telephone Co. v. Public Service Commission, not yet reported, our brother, Head, said: “What instrumentalities in the way of public utilities will promote the public safety, convenience and comfort in a given community is surely not a question of law.” There is in this record nothing that would warrant us in holding that the determination of the Public Service Commission was not in conformity with law,
The determination of the Public Service Commission is affirmed and the appeal dismissed at the costs of the appellant.