Duquesne Light Co. v. Public Service Commission

Citations

• 273 Pa. 287
• 117 A. 63
• 1922 Pa. LEXIS 567

Syllabus

<p>Public service companies — Joint rates — Bate classification — Complaints — Presumption—Burden of proof — Confiscation.</p> <p>1. Except in the case of joint rates, a complaint against those of utility companies must be limited to the schedules of but one company.</p> <p>2. Except in the case of joint rates, a complaint covering those of more than one utility company should be dismissed, even though the parties agree to a different procedure.</p> <p>3. A utility company has the right to classify its rates, both as respects the purpose for which the service is needed and the quantity taken, provided always that the method adopted does not result in unjust, unreasonable, inadequate, unjustly discriminatory or unduly or unreasonably preferential rates to any consumer or class of consumers.</p> <p>4. Where a complaint is not filed until after the effective date of the tariff complained against, the burden of proof is upon the complainant to show that the rates as to him were unjust, unreasonable or unjustly discriminatory.</p> <p>5. When the effective date specified in a tariff filed passes without objection, a presumption arises that the classifications appearing therein are equitable and just, that the total probable revenue will not exceed that to which the utility company is entitled, and, on the hearing of any complaint thereafter filed, the utility company is entitled, in the first instance, to rely upon these presumptions.</p> <p>6. Under such circumstances, each customer of the utility company is entitled to rely, in the first instance, upon the presumption that the rate which he is charged is just and reasonable and will not be changed except as the result of a new tariff or by an alteration of the existing tariff, after he has been given an opportunity to be heard.</p> <p>7. If the complaint made by a particular customer is simply that he is being charged a different rate from that specified in the tariff on file, the commission may consider and decide it w