185 Pa. Super. 431 | Pa. Super. Ct. | 1958
Opinion by
This is an appeal from an order of the Pennsylvania Public Utility Commission; the sufficiency of the evidence to support the order of the commission is the question presented by appellant.
The commission, on June 10, 1957, ordered that certificates of public convenience be issued to the Hartsville Sewerage Company (hereinafter called “Hartsville”) evidencing the commission’s approval of its incorporation, organization, and creation, and authorizing the beginning of the exercise of the right, power, or privilege of furnishing sewage collection and disposal service to the public in a designated portion of Warminster Township, Bucks County.
The applications of Hartsville for approval of its incorporation and of the right to begin to render sewage collection and disposal service were filed with the commission on October 3, 1956. On November 3, 1956, the Authority filed a motion to dismiss the applications, which motion the commission denied. On November 10, 1956, the Authority filed protests to the granting of the applications. Hearings were held on November 16, 1956, and April 5, 1957. Argument was held before the commission; the order approving the applications of Hartsville for certificates of public convenience was then issued.
Hartsville was being organized for the purpose of constructing and maintaining sewers, conduits, and disposal facilities to furnish sewage collection and disposal service to the public in an area of approximately eight hundred acres situate in the northwesterly portion of Warminster Township. The area is bounded on the north by Little Neshaminy Creek, into which Hartsville proposes to discharge the effluent from its plant. At the time of this proceeding, this area was essentially rural with a few houses. Four of the incorporators of Hartsville are real estate developers who contemplate the construction of approximately one thousand eight hundred houses in the proposed service territory, one hundred to three hundred of which are planned for construction in the first year of Harts-ville’s operation. Prior to the construction of the houses in the developments and the paving of streets
The Authority has acquiesced in the jurisdiction of the commission to grant the certificates of public convenience to Hartsville, and does not contend that it alone has the right to render sewerage service to residents of the township. On this appeal the contention of the Authority is that the grant of authority to Hartsville to incorporate and render public sewerage service in the area is not supported by substantial evidence of the necessity for such service. It is argued that there were no public witnesses to the need for sewerage service in the area other than the real estate developers and their engineers, and that their testimony concerning the planned developments is insufficient to support the order of the commission.
It is fundamental that the burden was upon Harts-ville to establish a public need for the proposed service, the lack or inadequacy of existing facilities, as well as its own ability to render the proposed service. Modern Transfer Company v. Pennsylvania Public Utility Commission, 179 Pa. Superior Ct. 46, 51, 115 A. 2d 887. What may constitute a need for service depends upon the locality involved and the particular circumstances of each case. Noerr Motor Freight, Inc. v. Pennsylvania Public Utility Commission, 181 Pa. Superior Ct. 322, 330, 124 A. 2d 393. There is no legal requirement that the commission’s order must be supported by any particular type of evidence as long as the evidence is legally sufficient. Pittsburgh & Lake Erie Railroad Co. v. Pennsylvania Public Utility Commission, 170 Pa. Superior Ct. 411, 420, 85 A. 2d 646.
The Authority also contends that there is insufficient evidence of need because none of the developers has an agreement binding him to build any number of houses and develop his respective tract. The Author
The inadequacy of facilities to service the additional houses is also clear. All parties agree that there are no present facilities. The only possible service, other than by Hartsville, would be that which the Authority might furnish; and admittedly the Authority cannot raise the money to provide service until after the houses are built or unless the developers furnish the funds for the Authority. As we have indicated, the chairman of the Authority agreed that it was necessary and desirable that the sewerage system and disposal plant be constructed concurrently with the developments.
The ability of Hartsville to render the proposed service has been established in this record. Hartsville has obtained complete and detailed plans and specifications for construction of the facilities necessary for the collection, treatment, and disposal of sewage. The system and plant have been tentatively approved but are subject to a final approval by the Department of Health. The bids for construction of the disposal plant Avere received, and the successful bidder indicated that work could begin within fifteen days of the award of the contract. The initial cost of the project, including the treatment or disposal plant, collection system, and other expenses would be approximately $319,000. Of this sum, $189,000 represents the cost of the collection system which the developers Avill build at their oavu expense and contribute to Hartsville. The initial cost of the treatment or disposal plant will be approximately $130,000, which will be borroAved by Hartsville on
The Authority’s additional contention is that the findings of fact in the order are insufficient. The commission’s order contains detailed statements of fact. Although the findings of the commission are not designated and numbered as such, they do amount to findings of fact rather than a mere recital of the testimony of witnesses. The essential requirement is that the commission’s order be sufficiently specific to enable us to determine the controverted questions and whether proper weight was given to the evidence. Lancaster Transportation Company v. Pennsylvania Public Utility Commission, 181 Pa. Superior Ct. 129, 141, 124 A. 2d 380.
It is our conclusion that the findings and order of the commission are supported by substantial evidence. Consequently, the order will be affirmed.
The commission filed a motion to quash the appeal of the Authority on the ground that it was not a qualified appellant. We are of the opinion that the Authority, which was a party to and participated in the proceeding before the commission, had a sufficient interest to appeal. By virtue of the resolution of the Board of Supervisors of Warminster Township, the Authority was empowered and directed to undertake
The order is affirmed, at the cost of appellant.
Pursuant to section 201 of the Public Utility Law of May 28, 1937, P. L. 1053, 66 PS §1121.
See Act of May 1, 1933, P. L. 103, Article XX-A, §2055. added by Act of July 13, 1953, P. L. 404, §1, 53 PS §67055.
“. . . substantial evidence means sucb relevant evidence as a reasonable mind might accept as adequate to support a conclusion. . . . Substantial evidence has also been said to mean evidence affording a substantial basis of fact from which the fact in issue can reasonably be inferred. . . . ‘Substantial evidence’ is synonymous with ‘competent and relevant evidence having- a rational probative force.’ Evidence to be substantial must have rational probative force.” Pittsburgh & Lake Erie Railroad Co. v. Pennsylvania Public Utility Commission, 170 Pa. Superior Ct. 411, 416, 85 A. 2d 646, 650.
This section provides in part: “The purpose and intent of this act being to benefit the people of the Commonwealth by, among other things, increasing their commerce, health, safety and prosperity, and not to unnecessarily burden or interfere with existing business by the establishment of competitive enterprises, none of the powers granted by this act shall be exercised in the construction, improvement, maintenance, extension or operation of any project or projects which in whole or in part shall duplicate or compete with existing enterprises serving substantially the same purposes.”