Pacific Tel. & Tel. Co. v. Hill
| Decision Date | 05 January 1962 |
| Parties | , 42 P.U.R.3d 391 PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a corporation, Respondent, v. Jonel C. HILL, as Public Utility Commissioner of Oregon, Appellant. |
| Court | Oregon Supreme Court |
Robert Y. Thornton, Atty. Gen., and Lloyd G. Hammel, Asst. Atty. Gen., for the petition.
A petition for rehearing demonstrates that our opinion in this case has been misread by appellant. To avoid any misunderstanding we wish to make it clear that:
The opinion of the court did not purport to tell the Commissioner that he must adopt the Separations Manual. The opinion specifically held to the contrary. 73 Adv.Sh. 433, 365 P.2d 1021.
The court did hold that there was no substantial evidence in the record to support the Commissioner's adoption of a factor of three as a part of his allocation of company properties. The court did not, and could not, otherwise attempt to tell the Commissioner what other evidence he should hear or what allocation formulae he should accept or reject.
It is not the duty of the court to fix or establish rates. Our duty is purely to review determinations made by the Commissioner. What additional proceeding should be had and what additional findings or order shall be made is for the Commissioner to decide. Valley & Siletz R. Co. v. Flagg, 1952, 195 Or. 683, 715, 247 P.2d 639.
Petition denied.
To continue reading
Request your trial
-
Gearhart v. Public Utility Commission of Oregon
...an opportunity to earn the intended rate of return); Pacific Tel. & Tel. Co. v. Hill, 229 Or. 437, 444, 365 P.2d 1021,on reh'g,229 Or. 437, 367 P.2d 790 (1961) (describing a “rate base” in the field of public utility regulation as representing “the invested capital upon which the utility is......
-
Citizens' Utility Bd. of Oregon v. Public Utility Com'n of Oregon
...capital upon which the utility is entitled to earn a return." Pacific Tel. & Tel. Co. v. Hill, 229 Or. 437, 444, 365 P.2d 1021, 367 P.2d 790 (1961). More recently, in PP & L v. Dept. of Rev., 308 Or. 49, 775 P.2d 303 (1989), the Supreme Court restated those two concepts in conjunction, and ......