Public Utilities Commission v. Attleboro Steam & Electric Co.
Public Utilities Commission v. Attleboro Steam & Electric Co.
Opinion of the Court
delivered the' opinion of the Court.
This case involves the constitutional validity of an order of the Public Utilities Commission of Rhode Island putting into effect a schedule of prices applying to the salo, of electric current in interstate commerce.
The Narragansett Electric Lighting Company is a Rhode' Island corporation engaged in manufacturing electric current at its generating plant in the city of Providence and ..selling such current generally for light, heat and power. -The Attleboro Steam & Electric Company is a Massachusetts corporation engaged in supplying electric current for public and private use in the city of Attleboro and its vicinity in that State.
’ In 1917, these companies entered into a contract • by which' the Narragansett Company agreed to sell, and the Attleboro Company to buy, for a period of twenty years, all the electricity required by the Attleboro Company for its own usó and for sale in the city of Attleboro and the adjacent territory, at a. specified basic rate; the current to be delivered by the Narragansett Company at the State line, between Rhode Island and Massachusetts and carried over connecting transmission lines to the station of the Attleboro Company in Massachusetts, where it was. to be metered. The Narragansett Company filed with the Public Utilities Commission of Rhode Island a schedule setting out the rate and general terms of' the contract and was authorized by the Commission' to grant the
In 1924 the Narragansett Company — having previously made an unsuccessful attempt to obtain an increase of the special rate to the Attleboro Company
The Commission thereupon instituted an investigation as to the contract rate and the proposed rate. After a hearing at which both companies were represented, the Commission found that, owing principally to the increased cost of generating electricity, the Narragansett Company in rendering service to the Attleboro Company' was suffering an operating loss, without any return on the investment devoted to such service, while the rates to
From this order the Attleboro Company prosecuted an appeal to the Supreme Court of Rhode Island which— considering only one of the various objections urged— held, on the authority of Missouri v. Kansas Gas Co., 265 U. S. 298, that the order of the Commission imposed a direct burden on interstate commerce.and was invalid because of conflict with the commerce clause of the Constitution; and entered a decree reversing the order and directing that the rate investigation be dismissed. 46 I. 496.
It is conceded, rightly; that the sale of electric current by the Narragansett Company to the Attleboro Company is a transaction in interstate - commerce, notwithstanding the fact that the current is delivered at the State line. The transmission of electric current from.one State to another, like that of gas, is interstate commerce, Coal & Coke Co. v. Pub. Serv. Comm., 84 W. Va. 662, 669, and its essential character is not affected by a passing of custody and title at the state boundary, not arresting the continuous transmission to the intended destination. Peoples’ Gas Co. v. Pub. Serv. Comm’n, 270 U. S. 560, 554.
In the Pennsylvania Gas Co. case, the Company transmitted natural gas by a main pipe line from the source of supply in Pennsylvania to a point of distribution in a city in New York, which it there subdivided and sold at retail to loóal consumers supplied from the main by pipes laid through the streets of the city. In holding that the New York Public Service Commission might regulate the rate charged to these consumers, the court said that while a State may not “ directly ” regulate or burden interstate commerce, it may in some instances, until the subject-matter is regulated by Congress, pass laws “ indirectly ” affecting such commerce, when needed to protect or regulate matters of local interest; that the thing which the New York Commission had undertaken to regulate, while part of an interstate transmission, was “ local in its na
In the Kansas Gas Co. case, the Company, whose business was principally interstate, transported natural gas by continuous' pipe lines from wells in Oklahoma and Kansas into Missouri, and there sold and delivered it to distributing companiés, which.then sold and. delivered it to local consumers. In holding that the rate which the Company charged for the gás sold to the distributing.companies — those, at which these companies sold to the local consumers not being involved — was not subject to regulation by the Public Utilities Commission of Missouri, the. court said that, while in the absence of congressional action a State may generally enact laws of internal police, although they have an .indirect effect upon interstate commerce,’.“ the commerce clause of the Constitution, of its ;own--force, restrains the' States from imposing direct burdens upon interstate commerce,” and a state enact-mént;'imposing such a “direct burden” must fall, being a direct restraint of that which in .the absence of Federal regulation should be free, Minnesota Rate. Cases, 230 U. S’. 352, 396; That the sale and delivery to the distributing companies was “ an inseparable part of a transaction in interstate "’commerce — not local'but essentially national in character — and/enforcement of a, selling price in such a transaction places a direct burden upon such commerce inconsistent with that freedom of interstate trade which it was the purpose of the commerce clause to secure and preserve; ” that,in the Pennsylvania Gas Co, case, the decision rested on the ground that the serv
It is clear that the present case is controlled by the Kansas Gas Co. case. The order of the Rhode Island Commission is not, as in the Pennsylvania Gas Co. casé, a regulation of the rates charged to local consumers, having merely an incidental effect upon interstate commerce, but is a regulation of the rates charged by the Narragansett Company for the interstate service to the Attleboro Company, .which places a direct burden upon interstate commerce Being the imposition of a direct burden upon interstate commerce, from which the State is restrained by the force of the Commerce Clause, it must necessarily fall, regardless of its purpose. Shafer v. Farmers Grain Co., 268 U. S. 189, 199; Real Silk Mills v. Portland, 268 U. S. 325, 336; Di Santo v. Pennsylvania, ante, p. 34. It is immaterial that the Narragansett Company is a Rhode Island corporation subject to regulation by the Commission in its local business, or that Rhode Island is the State from which the electric' current is transmitted
The decree is accordingly
Affirmed,
In 1921 the Commission had authorized the Narragansett Com--pany to put into effect a schedule increasing the special rate to the Attleboro Company; but its enforcement had been enjoined on the ground of the lack of an essential finding by the Commission. Attleboro Steam & E. Co. v. Narragansett E. Light Co. (D. C.), 295 Fed. 895.
No other electric lighting company supplied by the Narragansett Company required, either then or prospectively; the quantity of current necessary to make the proposed rate applicable. The Commission stated that the Attleboro Company was the only customer of the Narragansett Company affected by the proposed -rate; and the brief for the petitioners states that the Attleboro Company was the only' customer then falling within the schedule class.
The evidence showed that in 1923 the Narragansett Company had 71,554 customers, and that about one thirty-fifth of the current which it produced went to the Attleboro Company.
Dissenting Opinion
dissenting.
The business of the Narragansett Company is an intrastate one. The only electricity sold for use without the State is that agreed to be delivered to the Attleboro Company. That company takes less than 3 per cent, of the electricity produced and manufactured by the Narragansett, which has over 70,000 customers in Rhode Island. The problem, is essentially local in character. The Commission found as a fact that continuance of the service to the Attleboro Company at the existing rate would prevent the Narragansett from performing its full duty towards its other customers and would be detrimental to the general public welfare. It issued the order specifically to prevent unjust discrimination and to prevent unjust increase in the price to other customers. The Narragansett, a public service corporation of Rhode Island, is subject to regulation by that State. The order complained of is clearly valid as an exercise of the police power, unless it violates the Commerce Clause.
The power of the State to regulate the selling price of electricity produced and distributed by it within the State and to prevent discrimination is not affected by the fact that the supply is furnished under a long-term contract. Union Dry Goods Co. v. Georgia Public Service Corporation, 248 U. S. 372. If the Commission lacks the power exercised, it is solely because the electricity is delivered for use in another State. That fact makes the transaction interstate commerce, and Congress has power to legislate on the subject. It has not done so, nor has it legislated on any allied subject, so there can be no1 contention that it has occupied the field. Nor is this a case in which it can be said that the silence of Congress is a command that the Rhode! Island utility shall remain free from the public regulation — that it shall be free to discriminate against the citizens of the State by which it was incorporated and in which it does business. That
The case at bar seems to me distinguishable from others in which the state regulation has been held precluded by the Commerce Clause. In Missouri v. Kansas Natural Gas Co., 265 U. S. 298, this Court held void a regulation which fixed the rates at which gas piped from without the State and delivered to distributing companies could be sold to the latter. The Pennsylvania Gas Co. case was distinguished in that there “the things done were local. ,. . . The business of supplying on demand, local consumers is a local business, even though the gas be brought from another State and drawn directly from interstate mains. . . . In such case the local interest..
In my opinion the judgment below should be reversed.
Reference
- Full Case Name
- PUBLIC UTILITIES COMMISSION OF RHODE ISLAND Et Al. v. ATTLEBORO STEAM & ELECTRIC COMPANY
- Cited By
- 225 cases
- Status
- Published