Fogelsville & Trexlertown Electric Co. v. Pennsylvania Power & Light Co.

Citations

• 271 Pa. 237
• 114 A. 822
• 1921 Pa. LEXIS 488

Syllabus

<p>Public service companies — Electric companies — Jurisdiction of Public Service Commission — Equity—Quo warranto — Public policy — Government agency — Act of March 21, 1806.</p> <p>1. It is exclusively -within the legislative power to determine what the public policy of the Commonwealth shall be, or it may designate an agency of the government to determine the policy.</p> <p>2. When an agency of the government is selected or created for that purpose, no other body, judicial, executive or municipal can step in, and, by decree, order, ordinance or otherwise, actively enforce the policy or do other acts in relation thereto, except possibly to sustain the legislatively created or designated body. The Act of March 21, 1806, 4 Sm. L. 332, applies.</p> <p>8. By act of assembly, the Public Service Commission is the designated government agency to enforce its declared public policy as to all matters relating to rights, facilities, service and other correlated matters of a public service company.</p> <p>4. The powers of control or regulation, or whatever authority the courts, in other days, may have possessed over public service companies are supplanted by the Public Service Commission.</p> <p>5. A public service company, whose territory is wrongfully invaded by another company, has its proper remedy by complaint to the Public Service Commission, and not by a bill in equity under the Act of Tune 19, 1871.</p> <p>6. The commission, on such complaint, may determine whether the offending company is a public service company doing business in the State, authorized by law to engage in such business within the place complained of, the character of the business and whether, in view of a certificate of public convenience granted to the complaining company, such service is necessary for the safety, accommodation or convenience of the public.</p> <p>7. If a public service company has brought a bill in equity to restrain another company from wrongfully invading its territory, and an in