Schuylkill Light, Heat & Power Co. v. Public Service Commission
Schuylkill Light, Heat & Power Co. v. Public Service Commission
Opinion of the Court
Opinion by
The Schuylkill Light, Heat & Power Company filed, August 19, 1913, an application with the Public Service Commission for the approval of an ordinance, passed August 16, 1913, by the Borough of Ashland, granting the company the right to furnish light, etc., therein. The Eastern Pennsylvania Light, Heat & Power Company filed a protest, alleging that it, and its predecessors in title, had been, since 1884, lawfully supplying the borough with electric current for various purposes; and there was no necessity for, nor business enough therein, to warrant two companies.
The commission, after a hearing, found, inter alia, that the protestantes plant was adequate, its prices reasonable, and service reasonably satisfactory; that it had operated for many years, with municipal acquiescence
The evidence sustains the findings of the commission, and we have but to ascertain whether its action in refusing the petition.was reasonable.
We cannot agree the commission had no jurisdiction. Appellant selected the forum and, upon an adverse judgment, cannot be heard to complain there was no power to dispose: Dock v. Cauldwell, 19 Pa. Superior Ct. 51. Nor would jurisdiction be lacking under Art. III, Sec. 11, of the Public Service Commission Act, which became operative July 26, 1913, as the ordinance was, for the purpose of this section, a municipal contract. Counsel for appellant lay stress upon the fact that the Schuylkill company was operating in Ashland before the passage of the act. Our decision does not affect such operation, as the orders appealed from only refuse to sanction an extension thereof under the borough ordinance.
We need not consider whether the Schuylkill company is entitled to operate in Ashland under its charter, a fact denied by protestant; or the Eastern company entitled to operate therein by reason of municipal acquiescence, evidenced by twenty-nine years’ uninterrupted operation, a position as earnestly denied by petitioner.
The orders of the Public Service Commission are affirmed and the appeal dismissed at the cost of appellant.
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- Corporations — Light, heat and power companies — Public Service Commission — Jurisdiction—Approval of ordinance. Where a light, heat and power company has applied to the Public Service Commission for the approval of an ordinance granting it rights in a borough, and its application has been refused, it cannot thereafter on appeal be heard to object that the Public Service Commission had no jurisdiction to make the order from which the appeal was taken. The Public Service Commission has jurisdiction under Article III, Section 11, of the Act of July 26, 1913, to approve or disapprove a borough ordinance granting municipal consent to an electric light company to use the streets of the borough. An order of the Public Service Commission dismissing a petition of a light, heat and power company for the approval of a borough ordinance granting it the use of streets will be sustained, where the commission found from sufficient evidence that the plant of a protesting company operating in the borough was adequate, its prices reasonable, and service reasonably satisfactory; that it had operated for many years with municipal acquiescence and assent, although no ordinance had ever expressly granted the privilege; and that it would not be beneficial to the public to grant the petition. In such a ease it is immaterial that the petitioning company was operating in the borough before the passage of the Act of July 26, 1913, P. L. 1374, inasmuch as the order does not affect such operation of the petitioning company. It only refuses to sanction an extension thereof under a borough ordinance.