90 W. Va. 74 | W. Va. | 1922
By this proceeding the Wheeling Steel Corporation seeks to compel the Public Service Commission of West Virginia to decide that the amount charged it for service by the Wheeling Electric Company was in excess of the amount which said company could properly charge, and to direct said company to refund the amount in excess of the legal rate as contended for by the petitioner. ' The Public Service Commission determined that it had no jurisdiction to order the electric company to make any refund, and that the question whether or not the rate contended for by the petitioner was a proper rate had become moot for the reason that the contract under which it claimed the right to this rate had expired by its own terms, and the case is here to compel the Commission to decide these questions.
On the 23rd of October, 1911, the Wheeling Electric Company entered into a contract with Henry Schmulbach by which it agreed, for a consideration of $6,750.00 per year, payable in monthly instalments of $562.50, to furnish electric current to the Schmulbach building for the purpose of lights and power, and also agreed for said consideration to furnish steam heat for the purpose of heating said building. The contract, it seems, was entire, the agreement being to furnish electric current for the purpose of lights and power, and steam for the purpose of heating the building for the con
It appears that in the month of January, 1919, upon an application made to it for that purpose, the Public Service Commission of West Virginia prescribed rates to be charged by the electric company to its customers for electric current both for light and power. The electric company, however, did not apply these rates to the Schmulbach building until it was purchased by the Wheeling Steel Corporation on the .31st day of July, 1920, more than a year after the rates were established.
After the Wheeling Steel Corporation took over the building on the 1st day of August,, 1920, the electric company charged it for the electric current a different rate from that prescribed in the contract, putting it in one of the classifications prescribed in the schedule of rates established by the Public Service Commission, and declined after that time to' furnish steam for the purpose of heating the building. This resulted in a charge being made for electric current very much in excess of that called for in the contract. In fact, it appears from the record that the electric company charged and collected from the steel corporation practically twice as much, under the schedule of rates fixed by the Public Service Commission, for electric current alone as it had agreed to accept, not only for electric current, but for heating the building .with steam as well. When the electric company notified the steel corporation of its determination to charge the increased rates the steel corporation protested, and demanded that it was entitled to have the service contracted for by its predecessor under the terms of that contract, but, in order to prevent the service from being withdrawn from it, it paid the bills presented under protest, and promptly filed a petition with the Public Service Commission charging that
The contention of the Wheeling Steel Corporation is that by entering into the contract with its predecessor the electric company classified its building for the purpose of rendering it service, and that this classification could not be changed except by authority of the Public Service Commission and that the order of the Public Service Commission made in January, 1919, prescribing rates to be charged by the electric company for service did not apply to the Steel Corporation for the reason that the contract under which service was furnished to it was not specifically mentioned in that proceeding, nor was it made a formal party thereto. Its- contention is that the electric company could not cease to furnish it service under the contract in advance of its expiration unless in some proper proceeding the contract was declared by the Public Service Commission to be unreasonable and therefore ineffective. Manifestly, the steel
It follows from what we have said that the conclusion of the Public' Service Commission was correct, and the relief asked will be denied.
Belief denied, and petition dismissed.