Gambar halaman
PDF
ePub

THE PUBLIC SERVICE COMMISSION LAW OF WEST

VIRGINIA.

EXPLANATORY NOTE.

The annotations are intended to set forth a concise statement or a digest of the important points ruled upon or decided by the Public Service Commission in formal cases coming before it for adjudication, and in which written opinions were rendered; likewise of cases originating before the Commission, and, upon appeal from its orders, decided by the Supreme Court of Appeals of West Virginia, the Federal Court, and the United States Supreme Court, together with the cases cited by the Commission and Courts in substantiation of findings made by them, or in support of points of law upon which such findings are based.

The annotations embrace all opinions of the Commission from the time of its creation and organization up to and including Bulletin No. 44, published July 17, 1918, and the decisions of the Courts to date.

Charleston, W. Va., October 1, 1918.

Synopsis of the Law by Sections

The Law

Annotations to Law

[ocr errors]

Limited by Court decisions

To enforce lawful orders

Return, Sec. 5, note 13 ....
Factors to be considered

....

...

[merged small][ocr errors][merged small][merged small][merged small][merged small]
[blocks in formation]

Annotations to Law-Continued.

Expenses chargeable to operation or capital
Cost of commodity

Salaries, office and legal expenses

Interest as operating expenses

Payment to parent or holding company

Hazards of business

Loss of commodity
Common ownership
Return on fair value
Specific amounts

Discrimination, Secs. 6 and 7, notes 14 and 15

In rates

As between localities

As between classes of consumers

As affected by competition

In service ...

As between localities .....

As between patrons of carriers

Payment to industrial or tap lies, Sec. 9, note 16

Tariffs-when effective, Sec. 9, note 18

Evidence, Sec. 9, note 19

Burden of proof ....

Best and secondary evidence
Absence of evidence

Franchise, Sec. 10, note 20

Appeal and Review, Sec. 16, note 21

Reports required of utilities, Sec. 21, note 22

Rate making, Sec. 22, note 23

Apportionment

As effected by court decisions

Between intrastate and interstate service
Between freight and passenger service

Unprofitable lines

Joint enterprise

Different branches of same service Depreciation-consideration of

Valuation

Methods of ascertaining value
Non-physical elements affecting value

Additions and betterments

Incomplete construction ...

Property not used or useful

Property paid for out of earnings

Lands and leaseholds

Excess holdings

Natural gas wells

Value of commodity

Working capital
Going value

Pages. 22

22

22, 23

23

23

23

23

24

24

24

24, 26

24, 25

24, 25

25

25

25, 26

26

26

26

27

28, 29

28

28

29

29

31, 33

34 34-42

34-36 35 35 35 35, 36 36 36, 37 37-42

37

38

39

39

39, 40

40

40

41

41

41

41

42

42

SEC.

1. Public service commission created; to consist of three members, appointed by the governor, and confirmed by the senate; when appointed and length of term of each member; qualifications; vacancies, how filled; oath of office; governor may remove members for cause; if removed statement of charges to be filed; chairman designated by governor; concurrent judgment of two to be action of commission; members prohibited from holding relations to any public service corporations or holding stocks or bonds thereof; not to hold other public office or be a member of political committee, nor to receive any pass or other thing of value; office vacated under certain conditions; to appoint secretary; salary and duties; other employees appointed to hold at pleasure of commission; secretary may administer oaths; salary of commissioners and how paid; general offices at capitol and office hours; hearings may be had at other places; duty of attorney general; commission may employ counsel in its discretion; terms of public service commissioners now in office to expire May 31, 1915.

2.

SYNOPSIS BY SECTIONS.

Commission to prescribe rules of pro

cedure; may not be bound by technical rules; to have seal, inscription, to be affixed to all writs, etc.; courts to take judicial notice of same.

[blocks in formation]
[blocks in formation]

10. Commission to have general supervision

of persons, firms or corporations having franchises from cities, towns, county courts or other tribunals for certain purposes; authority to inspect quality of water, quantity of gas or electricity, and property, plants, fixtures, power houses and offices, and to subpoena witnesses; to appoint inspectors of gas, electric and water meters and stamp same; use of meters not inspected prohibited; except under certain conditions; provision as to inspection of meter on request; action in case of inspection; commission may change or modify method of inspection.

11. Complaints-how made to the commission; action of commission thereon.

12. Public service corporations shall file with commission and keep open to public inspection schedules of all rates, fares, charges and tolls.

13. Hearings and proceedings before commission; oral and documentary evidence may be required; procedure in case of disobedience to process of the commission; how such disobedience punished. Claim of witnesses that evidence required of him will tend to criminate him, will not excuse.

14. Commission shall collect information annually of value of all property owned or controlled by any person or public service corporation, tabulate same on or before June first for use of board of public works for assessment for taxation.

[blocks in formation]
« SebelumnyaLanjutkan »