Public Utilities Commission v. Attleboro Steam & Electric Co.

273 U.S. 83, 47 S. Ct. 294, 71 L. Ed. 549, 1927 U.S. LEXIS 684
CourtSupreme Court of the United States
DecidedJanuary 3, 1927
Docket217
StatusPublished
Cited by225 cases

This text of 273 U.S. 83 (Public Utilities Commission v. Attleboro Steam & Electric Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Public Utilities Commission v. Attleboro Steam & Electric Co., 273 U.S. 83, 47 S. Ct. 294, 71 L. Ed. 549, 1927 U.S. LEXIS 684 (1927).

Opinions

MR. Justice Sanford

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 [85]*85Attleboro Company the special rate therein shown; and the two' companies then entered upon the performance of the contract. Current was thereafter supplied in accordance with its terms; and the generating plant of the Attleboro Company was dismantled.

In 1924 the Narragansett Company — having previously made an unsuccessful attempt to obtain an increase of the special rate to the Attleboro Company1 — filed .with the Rhode Island Commission a new schedule, purporting to cancel the original schedule and establish an increased rate for electric current supplied, in specified minimum quantities, to electrie lighting companies for their own use or sale to- their customers and delivered either in Rhode Island or at the State line. The Attleboro Company was in fact the only customer of the Narragansett Company to which this new schedule would apply.2

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 [86]*86its other customers yielded a fair return; that the contract rate was unreasonable and a continuance of service to the Attleboro. Company under it would be detrimental to the general public welfare and prevent the Narragansett Company from performing its full duty to its other customers;3 and that the proposed rate was reasonable and would yield a fair return, and no more, for the service to the Attleboro Company. And the Commission thereupon made an order putting into effect the rate contained in the new schedule.

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.

[87]*87The petitioners contend, however, that the Rhode Island Commission cannot effectively exercise its power to regulate the rates for electricity furnished by the Narragansett Company to local .consumers, without also regulating the rates for the other service which it furnishes; that if the Narragansett Company continues to furnish electricity to Attleboro Company at a loss this will tend to increase the burden on the local consumers and impair the ability of the Narragansett Company to give them good service at reasonable prices; and that, therefore, the order of the Commission prescribing a reasonable rate for the interstate service to the Attleboro Company should be sustained as being essentially a local regulation, necessary to the protection of matters of local interest, and affecting interstate commerce only indirectly and incidentally; In support of this contention, they rely chiefly upon Pennsylvania Gas Co. v. Pub. Serv. Com., 252 U. S. 23; and the controlling question presented is whether the present case comes within the rule of the Pennsylvania Gas Co. case or that of the Kansas Gas Co. case upon which the Attleboro Company relies.

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[88]*88ture,” pertaining to the furnishing of gas to local consumers, and the service rendered to them was “ essentially local,” being similar to that of a local plant furnishing gas to consumers in a city; and that such “ local service ” was hot of the character which required general and •uniform regulation of rates by congressional action, even if the local rates might “ affect ” the interstate business of the Company.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of North Dakota v. Beverly Heydinger
825 F.3d 912 (Eighth Circuit, 2016)
Oneok, Inc. v. Learjet, Inc.
575 U.S. 373 (Supreme Court, 2015)
PPL EnergyPlus, LLC v. Lee Solomon
766 F.3d 241 (Third Circuit, 2014)
Entergy Nuclear Vermont Yankee, LLC v. Shumlin
733 F.3d 393 (Second Circuit, 2013)
Gulf States Utilities Co. v. Public Utility Commission
841 S.W.2d 459 (Court of Appeals of Texas, 1992)
Quill Corp. v. North Dakota Ex Rel. Heitkamp
504 U.S. 298 (Supreme Court, 1992)
National Steel Corp. v. Long
689 F. Supp. 729 (W.D. Michigan, 1988)
Appalachian Power Co. v. Public Service Commission
812 F.2d 898 (Fourth Circuit, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
273 U.S. 83, 47 S. Ct. 294, 71 L. Ed. 549, 1927 U.S. LEXIS 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-utilities-commission-v-attleboro-steam-electric-co-scotus-1927.