Toler v. Pennsylvania Public Utility Commission
Toler v. Pennsylvania Public Utility Commission
Opinion of the Court
Opinion by
The Pennsylvania Power Company, hereinafter referred to as the Company, is a public utility corporation engaged in the business of generating electric power, heat, and light for public use in the counties of Allegheny, Beaver, Butler, Lawrence, and Mercer. Under the provisions of the Act of 1921, P. L. 1057, 15 P.S. 1182, the Company applied to the Pennsylvania Public Utility Commission, hereinafter referred to as the Commission, for approval of the exercise of the right of eminent domain in acquiring lands of Elizabeth N. Toler and Earl W. McComas in Taylor Township, Lawrence County, “for the purpose of storing ash thereon and for the practical development of its other ash storage areas”. The property owners filed in the Court of Common Pleas of Dauphin County a complaint for an injunction questioning the jurisdiction of the Commission on the ground that the Act of 1921 does not confer the right to acquire land for the purpose indicated. The Company was permitted to intervene, and both the Company and the. Commission filed answers to the complaint. After the talking of testimony and the submission of requests for findings of fact and conclusions of law, the chancellor filed an adjudication with decree nisi dismissing the complaint. Exceptions filed by the property owners were dismissed by the court en banc, and thé deeréé nisi was affirméd and.
Under Section 1111 of the Public Utility Law,
The Company’s sole generating facility is its West Pittsburgh plant, located about four miles south of
The Company is required, under state and federal regulations prescribing a uniform system of accounts applicable to an electric utility, to classify plant items according to the functions performed. The pertinent accounts established by the Commission under the heading “Steam Production” are set forth in the footnote.
The chancellor made the following findings of fact: “1. In generating electricity by means of steam created by burning coal, ashes are a refuse. It is convenient and economical for the company if the refuse can be dumped near the plant. 2. Facilities used for disposal of ashes produced at a generating station are an integral part of ‘. . . plants, works, equipment and facilities for generating electric light, heat and power . . .’ 3. Operation and maintenance of facilities used for disposal of ashes produced at a generating station are an integral part of the operation and maintenance of . . buildings, machinery, apparatus, plants, works, equipment, and facilities for generating electric light, heat, and power . . ” The chancellor made the following conclusions of law: “1. The Act of May 21, 1921 . . . grants to an electric company the right and power to appropriate land for use in constructing, erecting, op
Appellants first contend that a statute conferring the.right of eminent domain on a private corporation should be strictly construed. Appellees agree with this proposition, and we are satisfied .that it sets forth a well-settled rule of construction in Pennsylvania. See Section 58 of the Statutory Construction Act of 1937, P. L. 1019, 46 P.S. 558; Lance’s Appeal, 55 Pa. 16; Pagni v. Commonwealth, 179 Pa. Superior Ct. 213, 116 A. 2d 294. However, the judicial interpretation of the term “public use” in our state has not been circumscribed by mere legalistic formulas or philological standards: Dornan v. Philadelphia Housing Authority, 331 Pa. 209, 200 A. 834.
Appellants next contend that the chancellor accepted irrelevant, immaterial, and incompetent testimony over objection. They argue first that the question involved was one solely of law, and that no testimony was required to assist in the interpretation of the statute because the right of eminent domain must be plainly set forth) and second, that the Company resolution referred to ash storage whereas the witnesses and the chancellor speak of ash disposal. So far as the first argument is concerned, it should he noted that appellants submitted twelve requests for findings of fact. In any event, the statute is couched in generic rather than specific terms and is not self-interpreting. It can be applied to a particular case only when the facts of that case are known. It seems to us that a description of the plant, including an explanation of the processes used in its operation, was not only relevant but essential. The second argument impresses us as mere semantics. The appearance of the by-product of the combustion is a “shiny slurry of ash and water”. The disposal and storage thereof are part of the same process. An examination of the record indicates that the words “storage” and “disposal” were used and understood as equivalent terms.
We deem it unnecessary to discuss appellants’ remaining contentions. The case at bar was patiently heard and thoroughly considered by an able jurist. His
Decree affirmed.
Act of 1937, P. L. 1053, Section 1111, 66 P.S. 1441.
“Account 310, Land and Land Rights: This account shall include the cost of land and land rights employed in connection with steam generation.
“Account 312, Boiler Plant Equipment: This account shall include the cost installed of all furnaces, boilers, coal and ash handling and coal preparing equipment, steam and feed water piping,
“Subitem 1: Ash handling equipment, including hoppers, gates, cars, conveyors, hoists, sluicing equipment, including pumps and motors, sluicing water pipes and fittings, sluicing trenches and accessories and so forth, except sluices which are a part of a building”.
And see Ohio Power Co. v. Deist, 154 Ohio St. 473, 96 N.E. 2d 771, wherein it was held that the construction of a statute delegating authority to exercise the right of eminent domain must not be so strict as to be unreasonable or strained.
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