Central States Electric Co. v. City of Muscatine
Opinion of the Court
delivered the opinion of the Court.
We are concerned in this case with the nature and extent of the powers of a federal court sitting to review an order of the Federal Power Commission.
The decision of the court below denied the petitioner’s application for payment to it of a fund of some $25,000 deposited in court, and directed its payment to persons not privies to the transaction which created the fund. A detailed recitation of events is required to show how the question arises.
The Federal Power Commission (hereinafter called Commission), proceeding under the Natural Gas Act,
The petitioner, Central States Electric Company (hereinafter sometimes called Central), an Iowa corporation doing a public utility business in that State and elsewhere, purchased gas at wholesale from Pipeline and distributed it in Iowa.
Pipeline sought a review of the Commission’s action by the Circuit Court of Appeals. The court set aside the order but, on certiorari, we reversed and sustained it.
When this court rendered its judgment sustaining the rate order, Pipeline became liable to make refunds in accordance with the bond. The court below, prior to the payment of the amount due under the bond, filed an opinion holding that it was its duty to take exclusive control over the refund when made and to determine the rights of all claimants in the fund, and made an order enjoining claimants to the fund from further proceeding in any other court. This action was pursuant to a petition of Pipeline showing that suits were being filed against it in other courts by the ultimate consumers of the gas sold by Pipeline to the local distributing companies and alleging that unless the court retained jurisdiction of the fund Pipeline would be subjected to numerous similar suits. Illinois Commerce Commission, in an answer, stated that the rates charged by distributing companies in Illinois were fixed by it and reflected the prices paid by distributors to Pipeline and that the refund, representing excessive rates paid by distributors, had been collected from the ultimate consumers and was equitably due them. The Illinois local distributors then before the court agreed that the refund . should be ratably paid to the ultimate consumers.
Central was not a party to the proceeding in the Circuit Court of Appeals, but, on June 29, 1942, it sent a letter to the Clerk, in response to one from him, asserting that the portion of the refund representing excessive rates paid by Central during the refund period should be repaid to
Thereafter the court entered an order directing that the Attorney General of Iowa and the purchasers of gas from Central, and their respective municipal representatives in Muscatine and Greenfield, be notified of Central's claim to- the fund and that they show cause why the relief sought by Central should not be granted. No such order was made with respect to consumers in Knoxville and Pella nor to any officials of those cities. The City of Muscatine and the Mayor of Greenfield, purporting to represent the consumers in those cities, filed separate pleadings in which they asserted that the fund in question belonged to the consumers.
The court, without hearing, evidence, denied the relief prayed by Central by an order which was stated to be “without prejudice” to Central's “making claim of adjustment with the cities of Muscatine, Greenfield, Knoxville and Pella ... or with the consumers of gas furnished by it in said cities.” The reason stated for making the order was that the court was without jurisdiction to hear Central’s claim since it involved a determination of “the reasonableness of petitioner’s rates” and further since the court had previously ruled that the - refund belonged to the ultimate consumers. In a separate order entered the same day, the court directed payment of the sum in question to the treasurers of the several cities in specified
The court below was right in its view that as a federal court it had no power, at least in the absence of federal legislation purporting to confer such power upon it, to fix or adjust Central’s rates, that being a legislative function
The showing made by the petitioner’s pleadings, and not denied, is that in Iowa rates are set by municipal ordinance; that the rates collected from consumers during the refund period were the lawful rates, so fixed; and that the sums impounded were deducted from the payments to 'Pipeline by Central out of its own funds. The only reply
We are of opinion that the court below lacked jurisdiction to adjudicate the question of the consumers’ rights in the fund in dispute. United States v. Morgan, 307 U. S. 183, on which the respondents rely, is obviously distinguishable. There the fund impounded was part of the charges paid to the stockyard merchants by persons who had been charged the rates found by the Secretary of Agriculture to be excessive. Here, since the fund represents a portion of sums paid by Central to Pipeline out of Central’s funds and pursuant to contract with Pipeline, the Morgan case would be authority for repayment to Central. This is true also of Inland Steel Co. v. United States, 306 U. S. 153. Moreover, if Central had paid Pipeline the excessive rates, the latter could not have defended a suit by Central to recover the excess on the ground that Central had passed on the burden to its customers.
The ultimate consumers’ rights being such as the law of Iowa affords, there is no reason for the payment of the fund to municipalities or municipal officers under a quasi trust for those found ultimately entitled, thus placing the burden on Central to pursue the cities or their officers for its recovery. An order to this effect is certainly not within the court’s jurisdiction as a federal court of equity. The most the court below should do, in view of the apparent controversy as to the consumers’ right to a refund of
The judgment is reversed and the cause remanded for further proceedings in conformity to this opinion.
So ordered.
52 Stat. 821; 15 U. S. C. § 717.
Federal Power Commission v. Natural Gas Pipeline Co., 315 U. S. 575.
Central Kentucky Natural Gas Co. v. Railroad Commission, 290 U. S. 264, 271, 272.
Natural Gas Pipeline Co. v. Federal Power Commission, 141 F. 2d 27.
See, e. g., § 2 (8), 15 U. S. C. § 717 (a) (8); § 5 (a), 15 U. S. C. § 717d (a); § 13, 15 U. S. C. § 7171; § 14a, 15 U. S. C. § 717m (a); § 15a, 15 U. S. C. § 717n (a); § 17 (a), 15 U. S. C. § 717 (p).
H. R. No. 709, 75th Cong., 1st Sess., pp. 1-3.
Public Utilities Comm’n v. United Fuel Gas Co., 317 U. S. 456, 467; Federal Power Comm’n v. Hope Natural Gas Co., 320 U. S. 591, 609-610.
Southern Pacific Co. v. Darnell-Taenzer Lumber Co., 245 U. S. 531.
Dissenting Opinion
dissenting.
The primary purpose of Congress in passing the Natural Gas Act was to protect ultimate consumers of gas from excessive prices. Federal Power Commission v. Hope Natural Gas Co., 320 U. S. 591, 610, 612. The Court’s decision today defeats that Congressional purpose, for under its interpretation of the Act the petitioner, a retail gas distributor, is awarded a windfall,
On September 23, 1938, a petition praying for reduction of the wholesale gas rates of the Natural Gas Pipeline Company was filed with the Federal Power Commission. July 23, 1940, the Commission ordered the Company to make reductions in its future rates. The Circuit Court of Appeals, upon the Company’s petition, then granted a stay pending litigation. Later, it stayed enforcement of the order. 120 F. 2d 625. As a condition of its stay, the Circuit Court of Appeals required the Company to execute a million dollar bond running to the Federal Power
Subsequently, $6,377,913.57 was paid into the court by the Pipeline Company, this being the amount it had collected, pending the litigation, from Illinois, Nebraska, and Iowa gas distributing companies, in excess of the rates fixed by the Commission.
The Pipeline Company, and all of the distributing, companies except petitioner here and one small company in Nebraska,
The Court holds that the disposition of such funds must be made in accordance with state law and that the Circuit Court of Appeals was without jurisdiction to dispose of
The injury to the consumers here did not stem from state law or the action of a state court; it was the direct result of stay orders made by a federal court. • These orders, which permitted the Pipeline Company to continue to charge rates which the Commission had determined to-be excessive, to the detriment of ultimate consumers, were
The Natural Gas Act contemplates that federal reduction of wholesale gas rates to distributors will be reflected in reduction of retail rates to the ultimate consumers. Information before the Congress when it passed the Natural Gas Act showed that a large percentage of the retail cost of gas was attributable to the wholesale cost.
Ultimate consumers can secure benefits from a federal rate reduction in two ways: (1) by using the order to get
To deny petitioner distributing company a refund of the impounded monies would impose no deprivation upon it. Petitioner’s local rates were fixed by a Muscatine city ordinance, to which rates the petitioner alleges it voluntarily agreed. That schedule of rates, petitioner argues, was “presumptively reasonable.”
Furthermore, the petitioner says it was free under Iowa law to attack the rates at any time as too low. This it never did. Instead, it refrained from doing so until this Court had sustained the Commission’s order reducing wholesale rates, and until the Circuit Court of Appeals had adjudged that the monies belonged to the consumers. Not until then did it file its intervention claim for the impounded funds. The reason for this delay is not difficult to .find. Petitioner, in arguing here that it should get
If my previous analysis is correct, the rule announced by the Court today means simply this: So long as litigation can be kept pending in the courts as to the validity of a Federal Power Commission rate reduction order, the benefits of the Natural Gas Act will be suspended as to ultimate consumers, and will be largely, if not exclusively, restricted to retail distributors.
The court below refused to construe the Natural Gas Act so as to make this petitioner “the beneficiary of a windfall, to which it intends to hold on, once it can get possession of it.”
This company subsequently settled with its consumers by turning over to them approximately 70% of the funds allocable to its purchases.
June 30, 1942, after a notice had been issued to petitioner Central, the Court held that all refunds “belong to the consumers, for whose benefit these proceedings were instituted.” Central did not actually intervene until fourteen months later. With reference to this delay of Central’s the court below said in its June 30, 1942 order that “Nebraska City and all other utilities stood by and accepted the situation as it was tendered by the pleadings and the parties. Now one or two of these utilities located where no State Supervisory Commission exists, are endeavoring to seize the fruits of the litigation brought for the consumers and retain the money for their own individual gain. It would be a gross travesty upon the proceedings, the outcome, if they were to succeed. With their efforts in this respect, we have no sympathy.” Without going into a narration of what later occurred, I am of opinion that the court rightfully denied Central’s intervention on the ground that it had long since decided the question. The importance of the rule announced by the court, however, prompts me to discuss it.
See Final Report of the Federal Trade Commission to the Senate, Sen. Doc. 92, Part 84-A, 70th Cong., 1st Sess., pp. 611, 612; Cong. Record, 75th Cong., 1st Sess., vol. 81, pp. 6723, 6725, 6728; Hearings Before the House Committee on Interstate & Foreign Commerce, 75th Cong., 1st Sess., on H. R. 4008, pp. 27, 38-39, 56-57; Hearing on H. R. 11662, House Subcommittee on Interstate & Foreign Commerce, 74th Cong., 2d Sess., pp. 25, 34-35, 81.
Petitioner cites in support of its argument, Iowa Railway & Light Co. v. Jones Auto Co., 182 Iowa 982, 164 N. W. 780; Town of Williams v. Iowa Falls Electric Co., 185 Iowa 493, 170 N. W. 815; Knotts v. Nollen, 206 Iowa 261, 218 N. W. 563; Mapleton v. Iowa Public Service Co., 209 Iowa 400, 223 N. W. 476.
See Cedar Rapids Gas Co. v. Cedar Rapids, 144 Iowa 426, 120 N. W. 966, aff’d 223 U. S. 655.
See note 5, supra.
Cf. Public Utilities Commission v. United Fuel Gas Co., 317 U. S. 456; Arizona Grocery Co. v. Atchison, T. & S. F. R. Co., 284 U. S. 370, 389.
When a rate schedule embodying a proposed increase in wholesale rates becomes effective, pending a determination by the Commission of the reasonableness of such increase, the Commission is authorized to require appropriate guarantees by §4 (e) of the Act. The Commission may require the natural gas companies “. . . to furnish a bond, to be approved by the Commission, to refund any amounts ordered by the Commission, to keep accurate accounts in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid . . .” This would appear to be broad enough to protect consumers where the amounts were paid in their behalf. Surely the Act gives no less power to a court.
The City of Muscatine did in fact reduce the rates after the stay order had been vacated.
Dissenting Opinion
dissenting.
I think that the claims to the fund in possession of the court below are to be determined by state law. The Federal Power Commission has no authority to determine the rates which petitioner may charge in these Iowa cities. Under the Natural Gas Act that is for Iowa and Iowa alone to determine. Public Utilities Commission v. United Fuel Gas Co., 317 U. S. 456, 467; Federal Power Commission v. Hope Natural Gas Co., 320 U. S. 591, 610. In that respect this case differs markedly from United States v. Morgan, 307 U. S. 183. If there had been no stay order entered and the interstate rate from the Pipeline company to petitioner had been reduced when the Federal Power Commission entered its order, it still would have taken action by the local authorities to reduce the rates in these Iowa cities.
But the federal court which has this fund has considerable discretion in its management. United States v. Morgan, supra. I fail to see how it abused its discretion in handing the fund over to the local officials. It is only fair to assume that a reduction in the interstate rate would have been followed by a reduction in local rates.
Petitioner is adequately protected by the decree entered by the court below. That court did not undertake finally to determine the rights of the parties in the fund. It has turned the fund over to respondents without prejudice to petitioner’s rights in it. Those rights are determinable under Iowa law. That procedure does not preclude petitioner from its day in an Iowa court if its claim to the fund turns out to be less frivolous and more substantial than it appears to be. I think the court below selected the most equitable and just method of rectifying the injury done by its stay order.
Petitioner asserts, and I assume, that under the Iowa law rates can be made only prospectively. But it appears from Town of Williams v. Iowa Falls Electric Co., 185 Iowa 493, 500, 170 N. W. 815, that the Iowa courts under their “balance of convenience” rule will impound alleged excessive amounts collected by a utility company pending the outcome of rate litigation so as to protect the rights both of the utility and the consumers. If the rate increase is ultimately disallowed, the impounded funds will be returned to the customers; otherwise they will be turned over to the company. We are pointed to no authority which suggests that Iowa would not sanction the use of such a method of readjustment under the circumstances of this case.
So far as appears the rates which petitioner was charging during the period of the stay order had been voluntarily proposed by it.
Reference
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- CENTRAL STATES ELECTRIC CO. v. CITY OF MUSCATINE Et Al.
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- 33 cases
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- Published