Coplay Cement Manufacturing Co. v. Public Service Commission

Citations

• 271 Pa. 58
• 114 A. 649
• 16 A.L.R. 1214
• 1921 Pa. LEXIS 454

Syllabus

<p>Public service companies — Bates—Change of rate pending prior complaint — Public Service Commission — Jurisdiction—Apt *of July 26, 1918, P. L. 181k.</p> <p>1. Under the Public Service Act of July 26, 1913, P. L. 1374, a public service company may manage its own affairs to the fullest extent consistent with the protection of the public’s interest, and only as to the latter is the commission authorized to intervene, and then only for the special purposes mentioned in the act.</p> <p>2. In determining whether the exercise of a right offends against the regulatory control necessary for such companies (in the interest of convenience, accommodation and safety of the public), the authority given the commission should be liberally construed.</p> <p>3. Where the unrestricted exercise of existing powers tends to nullify the commission’s control, a restrictive use is intended, its extent to be determined by the commission, with a right of appeal to the courts as provided by the act.</p> <p>4. A change of rate does not control the commission in determining the reasonableness of rates.</p> <p>5. A public service company may increase its rate while it has a prior increase complained against (before the effective date) undetermined by the commission.</p> <p>6. The commission has no jurisdiction to order that the company shall continue the rates against which the pending complaint was filed.</p>