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THE PUBLIC SERVICE COMMISSION LAW OF WEST
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.
Return, Sec. 5, note 13 ....
Annotations to Law-Continued.
Expenses chargeable to operation or capital
Salaries, office and legal expenses
Interest as operating expenses
Payment to parent or holding company
Hazards of business
Loss of commodity
Discrimination, Secs. 6 and 7, notes 14 and 15
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
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
As effected by court decisions
Between intrastate and interstate service
Different branches of same service Depreciation-consideration of
Methods of ascertaining value
Additions and betterments
Incomplete construction ...
Property not used or useful
Property paid for out of earnings
Lands and leaseholds
Natural gas wells
Value of commodity
34-36 35 35 35 35, 36 36 36, 37 37-42
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.
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.
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.