Scranton v. Scranton Steam Heat Co.
Scranton v. Scranton Steam Heat Co.
Opinion of the Court
Opinion by
These appeals are from a judgment of the Superior Court which reversed a Pennsylvania Public Utility Commission (Commission) order entered in a rate case.
On April 28, 1959, Scranton Steam Heat Company (Company) filed with the Commission a supplement to its steam heat tariff, to become effective July 1,1959,
The factual background is relatively simple. The plant for furnishing both electric service and steam heat service was constructed by the Scranton Electric Company (Electric) in 1894. On January 31, 1956, Pennsylvania Power & Light Company (Power & Light) acquired this plant from Electric. On September 26, 1956, the Company acquired the steam heat service facilities of the plant from Power & Light for $250,000. The property acquired consisted of (a) a production system
One narrow issue is presented on this appeal: whether the Commission’s order which fixed the “fair value” of the Company’s property on the sole basis of the acquisition cost in 1956 and the allowance for annual depreciation is legally sustainable?
The Commission fixed the “fair value” of the Company’s property at $900,000; In so doing, it aggregated the (1) acquisition or purchase price of the plant of $250,000; (2) organization expenses of $5,257; (3) net plant additions of $357,655 from the date of purchase to the end of the test year on February 28, 1959,® — a total of $612,913. From this total, the Commission deducted (1) depreciation on the plant accrued since the date of purchase, $73,500, said depreciation being determined by the straight-line remainder life method.
The Company offered evidence of three measures of value:
More than half a century ago it was held that “the basis of all calculations as to the reasonableness of rates to be charged . . . must be the fair value of the property being used by it for the convenience of the public. . . . What the company is . entitled to ask is a fair return upon the value of that which it employs for the public convenience”: Smyth v. Ames, 169 U. S. 466; Pittsburgh v. Pa. P. U. C., 187 Pa. Superior Ct. 341, 144 A. 2d 648; Pittsburgh et al. v. Pa. P. U. C., 158 Pa. Superior Ct. 229, 44 A. 2d 614; Solar Electric Company v. Pa. P. U. C., 137 Pa. Superior Ct. 325, 9 A. 2d 447; Public Utility Law of May 28, 1937, P. L. 1053, §311, 66 PS §1151.
In Pittsburgh v. Pa. P. U. C., 187 Pa. Superior Ct. 341, 349, 144 A. 2d 648, the Court recognized the rule which for decades has been the law in Pennsylvania: “Fair value for rate-making purposes, however, is not the literal present fair value for any particular purpose, biit it is the fair value of the property as that term is understood for rate-making purposes; in this respect, fair value has a connotation peculiar to rate proceedings. There is no particular formula by which the Commission is bound in fixing the rate base; all facts which have a relevant bearing on fair value, as that term is used in rate proceedings, should be considered . . . ‘Under the fair value rule prevailing in this
Original cost means original cost of construction of the facilities and is a factor which must be considered by the Commission in arriving at the “fair, value” for rate making purposes: Harrisburg Steel Corp. v. Pa. P. U. C., 176 Pa. Superior Ct. 550, 109 A. 2d 719; Pittsburgh v. Pa. P. U. C., 171 Pa. Superior Ct. 391, 90 A. 2d 850; Scranton-Spring Brook Water Service Co. v. Pa. P. U. C., 165 Pa. Superior Ct. 286, 67 A. 2d 735; Solar Electric Company v. Pa. P. U. C., 137 Pa. Superior Ct. 325, 9 A. 2d 447.; Peoples Natural Gas Co. v. Pa. P. U. C., 153 Pa. Superior Ct. 475, 34 A. 2d 375. In addition, reproduction cost of a utility’s facilities is a factor which must be considered and weighed by the Commission in arriving at “fair value”: Pittsburgh v. Pa. P. U. C., supra; Pittsburgh v. Pa. P. U. C., 171 Pa. Superior Ct. 187, 90 A. 2d 607; Riverton Consolidated Water Co. v. Pa. P. U. C., 186 Pa. Superior Ct. 1, 140 A. 2d 114; Solar Electric Company v. Pa. P. U. C., supra. The only reason for according little or no weight to the cost of reproduction is where the facilities have become so obsolete as to make highly improbable and unlikely the facilities’ reproduction: Philadelphia v. Pa. P. U. C., 173 Pa. Superior Ct. 38, 95 A. 2d 244. The instant record reveals no reason for the application of this exception.
In the case at bar, the Commission acknowledged that “long-accepted law and precedent” required consideration of both original cost and reproduction cost, but nevertheless rejected both original cost and reproduction cost and placed its determination solely and frankly on acquisition cost alone, i.e., that which ithe Company had paid for the property in 1956. Acquisition cost is not and never has been iu Pennsylvania the criterion of “fair valúe” or a substitute for either or both the factors of original cost of construction or
The reason assigned by the Commission for its complete disregard of the decisional law of long standing was that the production system was constructed for a dual use, i.e., primarily, the generation of steam for electricity and, secondarily, for steam heat service, and when the use of the system for the generation of electricity was abandoned and devoted only to steam heat service, the price for which the property was acquired was the “fair value . . . for the limited use and service to which it would or could be devoted thereafter.” Such reason finds support neither legally nor factually and furnishes no justification for completely ignoring both the original cost of construction and the cost of reproduction of the utilities devoted exclusively to steam heat service. The Commission order was erroneous both as a matter of law as well as of fact.
Before the Superior Court, complaint was made that the Commission erred in failing to base its allowance for annual depreciation upon the original cost of construction. What the Commission actually did was to calculate annual depreciation upon the actual plant investment as found by the Commission, i.e., acquisition cost plus organization expense plus net plant addi
The Commission’s order herein is palpably erroneous and the Superior Court was eminently correct in reversing that order. However, the judgment of the Superior Court remanded the record to the Commission “for the entry of an appropriate order not inconsistent with this [the majority] opinion” of the Superior Court. Such a judgment in our view is inappropriate; the Commission should be given an opportunity to reevaluate the entire record in the light of both the majority opinion of the Superior Court and this Court.
To that end, the judgment of the Superior Court is affirmed with the modification that the record be remanded to the Commission so that it may reconsider the entire record and enter an appropriate order.
Justice Alpern took no part in the consideration or decision of this case.
Scranton argues that the proposed rate increases vary • from 30% to 47%. An examination of the record indicates that the overall increase is approximately 20.16%.
Boiler plant and related structures.
Steam mains, meters, etc.
Office equipment, trucks, etc.
(2) and (3) are not questioned on this appeal.
Appellee questions the amount of accrued depreciation in the sense that its figure for accrued depreciation, based on an undepreciated original cost of $4,003,716, is larger.
Not questioned on this appeal.
As modified by certain disallowances made by the Commission.
Dissenting Opinion
Dissenting Opinion by
Historically, all of the steam heating companies in the Commonwealth of Pennsylvania were originally formed for the utilization of the by-products of some other endeavor. Here, the steam heating company utilized the by-product of a plant previously devoted
I agree with Judge Weight of the Superior Court that, under the peculiar circumstances in this case, the Commission was correct “in treating the purchase price as a separate and independent measure of value and according predominant weight to it.” I cannot believe that a publicly owned utility, such as the Pennsylvania Power & Light Company, Avould have disposed of these assets to the detriment of its shareholders were it not convinced that the sale price of $250,000 adequately represented its true value at the time of disposition. The Pennsylvania Power & Light Company could not conceive that as a steam heating plant alone the fair value for rate purposes Avould be determined by such egregious formulae as original cost and reproduction cost. The Pennsylvania Power & Light Company knew the true and fair value of the steam plant facilities devoted to the service of steam heating customers and, apparently being satisfied with the rate of return, did not seek increased rates for the services now under consideration. These fantastic and unrealistic values of original cost and reproduction cost should on remand he given only passing consideration by the Commission. I feel, under the circumstances of this case, the Commission was justified in ignoring them completely.
Mr. Justice Eagen joins in this dissenting opinion.
Reference
- Full Case Name
- Scranton, Appellant, v. Scranton Steam Heat Company
- Cited By
- 14 cases
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- Published