Metropolitan Dade County Water & Sewer Board v. Community Utilities Corp.

200 So. 2d 831, 1967 Fla. App. LEXIS 4559
CourtDistrict Court of Appeal of Florida
DecidedJuly 5, 1967
DocketNo. 66-626
StatusPublished
Cited by5 cases

This text of 200 So. 2d 831 (Metropolitan Dade County Water & Sewer Board v. Community Utilities Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Dade County Water & Sewer Board v. Community Utilities Corp., 200 So. 2d 831, 1967 Fla. App. LEXIS 4559 (Fla. Ct. App. 1967).

Opinion

PER CURIAM.

The appellant seeks review of a writ of certiorari quashing an order which directed the appellee to reduce its rates charged its customers. The able trial judge, in rendering his decision, said, among other things, the following:

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“Community Utilities Corporation- is a water and sewer public utility company, engaged in rendering of water and sewer services to consumers in Dade County, Florida. On May 2, 1963, the Metropolitan Dade County Water and Sewer Board, on its own motion, initiated a rate review proceeding against the Utility by the issuance of an Order to show cause why the water and sewer rates of the Company should not be reduced. The hearings continued over a period of time, being finally concluded on January 8, 1964. The Board, on April 29, 1964, ordered a reduction in rates resulting in a decrease of $23,000.00 in the Utility’s gross annual revenue.
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“The Petitioner asserts ten grounds for reversal of the Board’s Order including denial of procedural due process, denial of substantive due process and certain constitutional questions relating to the power of the Board to act. In view of the Court’s ruling herein in favor of Petitioner on other grounds, it is unnecessary to rule upon constitutional issues.
“The record reflects that the rate proceedings below were initiated by the Respondent itself through issuance of a Rule to Show Cause ‘why its rates should not be reduced.’ The Petitioner appeared on the date set for the rate hearing and announced that it was prepared to introduce evidence to rebut any initial showing made by the Board as to the unreasonableness of the Petitioner’s established rates. No evidence, however, was initially introduced by the Board; rather, the Board adopted a procedure wherein it required the Petitioner to come forward with the evidence in the first instance. The Respondent Board, as the initiator of these rate proceedings was the complainant, and as the complainant it should have carried the initial burden of proof to establish the unreasonableness of the rates. See In Re Coal Rates, New Mexico, [23 N.M. 704, 171 P. 506] 1918 D PUR 182; Welch, Conduct of the Utility Rate Case, 1955, p. 203.
“There is no presumption that the existing rates of a public utility company are unreasonable; to the contrary, there is a presumption of reasonableness. Morris v. New Jersey Bell Teleph. Co., 6 PUR NS 258; In Re Coal Rates, New Mexico [23 N.M. 704] 171 Pac. 506; 1918 D PUR 182.
“Petitioner utility contends there was no competent substantial evidence in the record to support the Board’s finding limiting the executive salary expense allowance to $10,000.00. The Court agrees with this contention.
“Public utility regulatory law requires a regulatory commission, in ruling upon the reasonableness of an executive salary [833]*833allowance, to base its ruling on evidence establishing the individual duties and activities of the particular executive in question, the complexity of duties performed, and the relative proportion that the salary paid bears to total revenues. See Re Siren Teleph. Co., 30 PUR 3d 336 (Wis.1959); Re Ripley Water Supply Co., 74 PUR NS 446; Re Schooley v. Dallas Water Co., Penn.Comm.Docket 14473, January 29, 1951; Village[s] of Milford v. Ill. Commerce Comm., 20 Ill.2d 556, 37 PUR 3d 54, 170 N.E.2d 576; Re Valley Water Co., 79 PUR NS 88 (Mont. 1949). If any comparisons with the salaries paid by other utility companies are to be made, the comparisons must at least be based on showing of similar duties, activities, and responsibilities in the person receiving the other salary.
“The Court does not question the right of a regulatory commission to determine the reasonableness of executive salaries as an item of expense for rate-fixing purposes; but any determination in this regard must be based upon competent substantial evidence. Here no such evidence existed except that offered by Petitioner. It is clear, then, that the finding of the Board on this point is arbitrary and constituted a substantial departure from essential requirements of law.
* * * * *
“As noted by the Supreme Court of the United States in Southwestern Bell Telephone Co. v. Public Service Commission of Missouri, 262 U.S. 276, 289 [43 S.Ct. 544, 67 L.Ed. 981] (1923):
‘The Commission is not the financial manager of the corporation and it is not empowered to substitute its judgment for that of the directors of the corporation; nor can it ignore items charged by the utility as operating expenses unless there is an abuse of discretion in that regard by the corporate officers.’
“We now come to the key issue in this case: Whether the determination by the Board in its Order limiting the utility to a 6% rate of return was supported by any competent substantial evidence. This Court thinks not and finds, after a thorough review of the record, that such determination was arbitrary.
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“The Board presented no competent evidence whatever on the question of rate of return.

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METROPOLITAN DADE CTY. W. & S. BD. v. Community U. Corp.
200 So. 2d 831 (District Court of Appeal of Florida, 1967)

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Bluebook (online)
200 So. 2d 831, 1967 Fla. App. LEXIS 4559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-dade-county-water-sewer-board-v-community-utilities-corp-fladistctapp-1967.