[Download] "Citizens Tel. Co. v. Public Service Commission of" by Court Of Appeals Of Kentucky # Book PDF Kindle ePub Free
eBook details
- Title: Citizens Tel. Co. v. Public Service Commission of
- Author : Court Of Appeals Of Kentucky
- Release Date : January 28, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
CULLEN, Commissioner. The Citizens Telephone Company filed with the Public Service Commission a schedule of new rates, designed to produce an annual increase in gross revenues. After hearings, the commission granted a portion of the increase, and denied the balance. The company brought action under KRS 278.410, seeking to have the order of the commission set aside on the ground that it was unlawful and unreasonable. The circuit court upheld the order, and the company has appealed. Thus we have before us the question of whether the order was unlawful or unreasonable, which we understand relates to the effect or results of the order rather than the theories upon which the order was predicated. The primary contention of the telephone company, on this appeal, is that the Public Service Commission, in fixing the rate base, did not give 'due consideration' to cost of reproduction as a going concern, as required by KRS 278.290, and as a result the commission fixed the rate base too low. The company in its brief, and the Union Light, Heat and Power Company in a brief amicus curiae, invite us to enter into a detailed examination of the theory of rate-base fixing, particularly with respect to the consideration and weight to be given reproduction cost new. This we decline to do, because the practicalities of this case do not require it.