Block Island Power Co. v. Public Utilities Commission

505 A.2d 652, 1986 R.I. LEXIS 420, 1986 WL 1167032
CourtSupreme Court of Rhode Island
DecidedMarch 4, 1986
Docket84-181-M.P., 84-356-M.P. and 84-360-M.P.
StatusPublished
Cited by11 cases

This text of 505 A.2d 652 (Block Island Power Co. v. Public Utilities Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Block Island Power Co. v. Public Utilities Commission, 505 A.2d 652, 1986 R.I. LEXIS 420, 1986 WL 1167032 (R.I. 1986).

Opinion

OPINION

MURRAY, Justice.

This case involves two petitions to this court via statutory writs of certiorari pursuant to G. L. 1956 (1984 Reenactment) § 39-5-1 by the Block Island Power Company (company) from orders of the Rhode Island Public Utilities Commission (commission) dated March 30, 1984 [Re Block Island Power Company, Report and Order, Docket No. 1709 (Order No. 11202)], 59 PUR 4th 430 and July 9, 1984 [Re Block Island Power Company, Second Compliance Report and Order, Docket No. 1709 (Order No. 11271)]. In addition, a cross-petition from the July 9, 1984 order was filed by the town of New Shoreham (town). The above requested petitions for review were all granted and consolidated by this court.

On June 23,1983, the company filed with the commission revised rates in accordance with § 39-3-11. The revised rates were designed to produce additional revenue of approximately $180,000. 1 In accordance with § 39-3-11, the commission held a hearing with the company, the town, and the Division of Public Utilities and Carriers as parties. Following testimony of eight witnesses over the course of a fifteen-day period, the commission issued its report and order dated March 30, 1984, which denied and dismissed the company’s proposed revised rates. The commission’s order, however, authorized the company to file new rates designed to recover additional revenue in the amount of $86,099. The company filed its petition for a review of the commission’s March 30,1984 order with this court on April 6, 1984.

Subsequently the commission initiated compliance proceedings to address the issues of the company’s revised rates, including a fuel-adjustment charge and the fuel-procurement method both of which the company had been instructed to revise pursuant to the March 30, 1984 order. On June 1, 1984, the commission issued a compliance order that approved of the new rates and the fuel-adjustment clause. Following further proceedings, the commission issued its Second Compliance Report and Order on July 9, 1984, which disallowed a portion of the fuel price paid by the company to its affiliate supplier, Island Services, Inc. (Island Services). In conjunction with this disallowance, the commission ordered a refund of fuel charges to the company’s customers. The company filed its petition for a review of this second order with this court on July 13,1984.

Before addressing the merits of this case, we must emphasize that this court does not sit as a factfinder in reviewing utility rate cases. New England Telephone and Telegraph Co. v. Public Utilities Commission, 116 R.I. 356, 362-63, 358 A.2d 1, 7 (1976). Our role is “to determine whether the commission’s decision and order are lawful and reasonable and whether its findings are fairly and substantially supported by legal evidence and substantially specific to enable us to ascertain if the facts upon which they are premised afford a reasonable basis for the result reached.” Town of New Shoreham v. Rhode Island Public Utilities Commission, 464 A.2d 730, 732 (R.I.1983) (quoting Rhode Island Consumers’ Council v. Smith, 111 R.I. 271, 277, 302 A.2d 757, 762 (1973)). “[T]he commission’s findings enjoy a presumption of reasonableness until shown to be clearly, palpably, and grossly unreasonable by clear and convincing evidence.” New England Telephone and *654 Telegraph Co., 116 R.I. at 377, 358 A.2d at 15. If the commission, however, fails to provide sufficient findings and evidence upon which it has based its decision, we shall not speculate thereon or search the record for supporting evidence or reasons, nor shall we decide what is proven. Town of New Shoreham, 464 A.2d at 732. Instead, we shall remand the case so that the commission may have an opportunity to fulfill its obligations in a supplementary or additional decision. Id.

The contractual arrangement between Island Services and the company has been an issue before this court in the past. See Town of New Shoreham v. Public Utilities Commission, 464 A.2d 730 (R.I.1983). In that case, the facts indicate that Island Services is owned by Franklin Renz, who is also president and majority stockholder of the company. This court has expressed concern over transactions between a parent utility company and its wholly owned subsidiary:

“When a utility and its supplier are both owned and controlled by the same entity, ‘the safeguards provided by arm’s-length bargaining are absent, and ever present is the danger that the utility will be charged exorbitant prices which will, by inclusion in its operating costs, become the predicate for excessive rates.’ ” Id. at 732 (quoting General Telephone Co. of N. Y., Inc. v. Lundy, 17 N.Y.2d 373, 378, 218 N.E.2d 274, 277, 271 N.Y.S.2d 216, 220 (1966)).

Consequently, when operating expenses arise out of dealings between affiliates, the commission has a right and a duty to scrutinize closely such transactions. Town of New Shoreham, 464 A.2d at 733; see § 39-3-30 (commission empowered with authority to investigate transactions between a public utility and its affiliate). If such scrutiny reveals the existence of an unreasonable pricing practice between the utility and its affiliate, the commission could justifiably disallow that portion of the utility's expenses that reflect these excesses. Section 39-3-32. See New England Telephone and Telegraph Co., 116 R.I. at 379, 358 A.2d at 15 (commission could justifiably disallow excessive expenses incurred by a utility in its transactions with an affiliate).

The first contention raised by the company is that the commission failed to apply the correct standard in reviewing the reasonableness of the fuel contract between the company and Island Services. Under Rhode Island law, the standard used to review transactions between a utility company and its affiliate was established in New England Telephone and Telegraph Co., 116 R.I. at 378-79, 358 A.2d at 15, and Rhode Island Consumers’ Council v. Smith, 113 R.I. 232, 237-38, 319 A.2d 643, 646 (1974). In the latter case this court stated that New England Telephone and Telegraph met its burden of showing the propriety of its transactions with Western Electric (New England’s affiliate) by presenting evidence that Western’s prices were “substantially lower than the prices [charged by] other suppliers of the same products * * Rhode Island Consumers’ Council v. Smith, 113 R.I. at 237-38, 319 A.2d at 646.

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Bluebook (online)
505 A.2d 652, 1986 R.I. LEXIS 420, 1986 WL 1167032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/block-island-power-co-v-public-utilities-commission-ri-1986.