Morehouse Natural Gas Co. v. Louisiana Public Service Commission

162 So. 2d 334, 245 La. 983, 54 P.U.R.3d 23, 1964 La. LEXIS 3041
CourtSupreme Court of Louisiana
DecidedMarch 30, 1964
DocketNo. 46983
StatusPublished
Cited by4 cases

This text of 162 So. 2d 334 (Morehouse Natural Gas Co. v. Louisiana Public Service Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morehouse Natural Gas Co. v. Louisiana Public Service Commission, 162 So. 2d 334, 245 La. 983, 54 P.U.R.3d 23, 1964 La. LEXIS 3041 (La. 1964).

Opinion

SUMMERS, Justice.

The Morehouse Natural Gas Co., Inc., is a privately owned public utility company under Louisiana law. It instituted this proceeding before the Louisiana Public Serv[335]*335ice Commission, to obtain a rate increase for natural gas furnished to consumers in the parishes of Morehouse and Ouachita. The Commission refused the proposed rates and the utility appealed to the district court which reversed the Commission and allowed the rate increase. Thereafter, the Commission appealed to this court which found the record inadequate and remanded the case in order to amplify the record with an appraisal of the Morehouse Natural Gas Co., Inc., system which could be considered by the Commission in its determination of the rates. (See 242 La. 985, 140 So.2d 646 (1960)).

On remand the Commission, after ordering the appraisal, again refused to establish the rates proposed by the utility. The utility company appealed a second time to the district court where additional evidence was taken. Then, as required by law, the matter was referred back to the Commission which affirmed its second order. Thereafter, the district court again reversed the Commission and this appeal followed.

It is an undisputed fact that Morehouse Natural Gas Co., Inc., acquired the plant and properties of the former Mer Rouge Gas Company on January 21, 1960, for the consideration of $20,000.00. There is no question but that the actual sale of these properties and, in particular, the price thereof, was greatly influenced by factors other than an arms-length transaction. Prior to the date of sale, the Mer Rouge Gas Company was a wholly owned subsidiary of United Carbon Company, constituting an insignificant part of United Carbon’s overall operations. United Carbon was threatened with regulation by the Federal Power Commission unless it divested itself of the properties of the Mer Rouge Gas Company. Morehouse Natural Gas Co., Inc., being the only willing purchaser, acquired the facility for $20,000.00 which was far below its value or original cost.

In August 1960, approximately six months after this purchase, Morehouse filed application with the Commission to increase its rates to a point that would insure a return of six percent on its property rate base which it represented to be $186,-790.00. This figure was arrived at by estimating the original cost at $233,488.00, and depreciating this figure by 20 percent to obtain an estimated depreciated value of the system. An estimate being required in this instance because the cost figures were not available from the records of the predecessor company.

The proposal was denied by the Commission, which refused to fix the rate base at $186,790.00. Instead, the rate base was established in the sum of $44,076.00. This latter sum represented the purchase price by Morehouse from United Carbon ($20,-000.00), plus 50 percent of purchase price ($10,000.00), plus the cost of additions made by Morehouse subsequent to acquisition ($14,076.00). Morehouse objected to this determination and appealed to the district court, which rendered judgment in its favor approving the depreciated rate base of $186,790.00 and the schedule of rates proposed by Morehouse.

The Commission then appealed to the Supreme Court. In the opinion of this court, because the original costs of the facilities used and useful in the utility system were not available, the record was inadequate to permit a proper determination of the issues on the basis of the prudent investment theory in use by the Commission, requiring the utilization of original costs, less depreciation, for establishing the rate base. The case was accordingly remanded to the Commission with instructions that an unbiased appraisal be made for the Commission’s consideration in arriving at the appropriate rate base.

On remand, the Commission appointed Mr. J. H. Fonner, a retired consulting engineer, to make the appraisal ordered by this court. Mr. Fonner made an on-the-ground examination and inspection of the properties and arrived at a depreciated value of $155,497.00. This appraisal was [336]*336made without the benefit of any records showing what the various original costs were or when they were incurred. Nor did the appraisal take into consideration certain improvements which were made after Mr. Fonner’s inspection and included in a later appraisal made on behalf of Morehouse by Mr. R. D. Hodges of Pan American Engineers.

The Hodges appraisal was made with the benefit of information showing the initial investment to have been made in 1924. However, there was no information as to the amount of the initial investment nor the cost of the additions to the utility’s establishment during the period from 1924, its beginning date, to 1942. Mr. Hodges estimated that the investment during this period amounted to $179,394.00.

Because the initial outlays are greater in a new system, and, to accomplish what he considered to be a conservative result, Hodges related all of the additions made during this 18-year period back to 1924. Using the straight line method he then depreciated them on a 58-year basis or 1.7 percent rate because, in his opinion, from physical observation, they had a life expectancy of another 20 years from the time of his examination. The examination, it should be mentioned, occurred in 1962.

The information available to Plodges for the period between 1942 and the date of acquisition in 1960 did disclose the cost of the additions and when they were made. He utilized the straight line method and the same rate of depreciation for this latter period which he had utilized for the 1924-1942 period, calculating the depreciation from the actual dates the additions were made.

During the course of these second proceedings before the Commission, Morehouse filed a supplemental petition disclosing a total investment of $58,758.00 since the 1960 acquisition date, which it requested be considered in establishing the rate base. As to these undisputed additions, Hodges applied the book depreciation of 331/3 years or 3 percent which was being claimed by the company in the exhibits attached to its supplemental petition. His total evaluation of the system as depreciated, with these supplemental figures added, was $171,570.00.

Mr. Laing, an experienced plumber residing in the village of Mer Rouge, gave an estimate of the present day cost of various items included in the properties of the utility. The evidence elicited from him indicates that the present day cost of the entire system would be $196,377.49. This figure, of course, does not contemplate depreciation, nor does it entail consideration of various factors which could add to the system’s value, such as rights-of-way, vehicles, offices, etc. It deals only with the plumbing facilities involved in the system.

At the time of its application, Morehouse was serving 875 gas customers over a sprawling rural area with some of its customers located 30 miles from its home office. Since purchasing this system, it has used rates which have been in effect since May 1939, with the exception of the rates charged domestic consumers within and adjacent to the village of Mer Rouge which were placed in effect by approval of the Commission in 1951. Under this rate system in effect at the time of the application, Morehouse was experiencing a loss.

The existing rates of Morehouse represent an average annual cost to the customer of $59.00, whereas, the proposed rates would result in an average annual cost of $87.00 per customer.

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162 So. 2d 334, 245 La. 983, 54 P.U.R.3d 23, 1964 La. LEXIS 3041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morehouse-natural-gas-co-v-louisiana-public-service-commission-la-1964.