State ex rel. Public Service Co. of Ind. v. Pike Circuit Court of Pike County, No. 30367

Docket NºNo. 30367
Citation192 N.E.2d 149, 244 Ind. 481
Case DateAugust 21, 1963
CourtSupreme Court of Indiana

Page 149

192 N.E.2d 149
244 Ind. 481
STATE of Indiana on the Relation of PUBLIC SERVICE COMPANY
OF INDIANA, Inc., Relator,
v.
The PIKE CIRCUIT COURT OF PIKE COUNTY, Indiana, and the
Honorable Lester Nixon, Judge of Said Court, Respondents.
No. 30367.
Supreme Court of Indiana.
Aug. 21, 1963.

[244 Ind. 482] Paul G. Jasper, Charles W. Campbell, Plainfield, John E. Hurt, Martinsvville, Carl M. Gray, Petersburg, for relator.

Lester Nixon, Petersburg, pro se., Ralph P. Zoercher, Tell City, Parr, Parr, Parr & Richey, Lebanon, Cadick, Burns, Duck & Neighbours, Indianapolis, John K. Chappell, Petersburg, for respondents.

MYERS, Chief Justice.

This is an original action persented to us by Public Service Company of Indiana,

Page 150

Inc., as relator, against the Pike Circuit Court and the Hon. Lester Nixon as the Judge thereof. A temporary writ prohibiting the respondents from issuing any orders, judgments or decrees of any character, or proceeding further, in a certain cause pending in the Pike Circuit Court against this relator, was asked. We ordered respondents to show cause why a permanent writ should not be issued. This has been done in a response filed herein.

Relator is a corporation organized and existing under the laws of the State of Indiana for the main purpose of generating, transmitting and selling electric energy as a public utility. As such, it is the owner of franchises, permits and licenses authorizing it to sell electric energy, both for resale and at retail in the State of Indiana. It is subject to regulation and control by established regulatory boards and commissions, in [244 Ind. 483] particular the Public Service Commission of Indiana (hereinafter called 'Commission'). Its business is carried on in sixty-nine counties in the State of Indiana, including Pike County.

By means of five electric generating stations owned and operated by relator located in different parts of the state, it is able to sell electric energy to more than 382,000 customers, including residents of municipalities and rural areas, Indiana municipalities, unincorporated communities and rural electric membership corporations organized under the Indiana Rural Electric Membership Corporation Act of 1935 as amended (hereinafter referred to as 'REMCs'). As of December 31, 1961, its investment in its business as an electric public utility system was in excess of $525,843.000.

There are four other electric transmission systems owned and operated in the State of Indiana by Indiana corporations, viz.: Northern Indiana Public Service Company, Indiana & Michigan Electric Company, Indianapolis Power & Light Company (IPALCO), and Southern Indiana Gas and Electric Company. Relator's system is interconnected with these systems, as well as with certain other systems doing business in Ohio and Kentucky.

In 1935, a corporation named Indiana Statewide Rural Electric Membership Corporation (hereinafter called 'Statewide') filed with the Commission for approval proposed articles of incorporation and a request for the issuance to it of a certificate of public convenience and necessity for the operation of this organization pursuant to the provisions of the Indiana REMC Act of 1935. It was stated that the purpose of the corporation was to make electric energy available to the inhabitants of rural areas of Indiana at the lowest cost without pecuniary profit to itself. If is alleged that it [244 Ind. 484] did not request or accept any franchise, right or privilege or undertake to generate and transmit electric energy for local district REMCs. The Commission approved Statewide's articles of incorporation on July 12, 1935.

In 1949, a corporation entitled 'Hoosier Cooperative Energy, Inc.' (hereinafter called 'Hoosier Co-op.'), was organized under the Indiana General Not for Profit Corporation Act. In 1957, this corporation took options on two tracts of real estate on White River in Pike County, Indiana, for the announced purpose of constructing a steam generating plant. Late in the year, it announced the purchase of that land. This property was immediately adjacent downstream to real estate which had been purchased by IPALCO in 1951 as the site for a new power plant to be constructed by it. Hoosier Co-of. meanwhile applied to the Rural Electrification Administration for a loan with which to finance the construction of its generating station together with related facilities.

In March, 1962, there was information to the effect that Hoosier Co-of. was going to transfer its interest in the real estate purchased to Statewide, which was going to proceed with the construction of a steam generator plant thereon. Statewide claimed

Page 151

to have as 'members', fifteen REMCs located in Southern Indiana which relator claims are 'customers' of it.

In December, 1961, Hoosier Co-op. sought by petition filed with the Public Service Commission to obtain a certificate of public convenience and necessity to allow Hoosier Co-op. to construct and operate an electric generating station on the land purchased by Hoosier Co-op., and to obtain permission to issue promissory notes in an amount not in excess of $60,225,000 payable to the United States of America for a loan to be [244 Ind. 485] issued by United States Department of Agriculture to Hoosier Co-op., together with a mortgage on the property a security therefor.

The five electric public utility companies, including this relator, filed requests for leave to intervene in this cause for the purpose of opposing the granting and issuance by the Commission of any certificate of public convenience and necessity to...

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4 practice notes
  • Associates Inv. Co. v. Claeys, No. 71A04-8804-CV-131
    • United States
    • Indiana Court of Appeals of Indiana
    • February 8, 1989
    ...the parties the Court cited, as a basis for denial of joinder, State ex rel. Public Service Co. of Indiana v. Pike Circuit Court (1963), 244 Ind. 481, 192 N.E.2d 149. (R. 70; Supp.R. Eight years later, on March 17, 1987, the estate moved for supplemental oral argument. (Supp.R. 54). It subm......
  • Hazel v. Metropolitan Development Commission of Marion County, No. 1271A282
    • United States
    • Indiana Court of Appeals of Indiana
    • November 16, 1972
    ...variance for portion 'B' of Lot 15. The fact remains that they did not do so. See State ex rel. Pub. Serv. Comm. v. Pike Cir. Ct. (1963), 244 Ind. 481 at 490, 192 N.E.2d SUPERIOR FOUR DECREE DID NOT CONFLICT WITH SUPERIOR THREE DECISION As heretofore noted, the controlling issue is the dete......
  • State ex rel. Reed v. La Porte Superior Court, No. 0-662
    • United States
    • November 18, 1963
    ...83 S.Ct. 768, 9 L.Ed.2d 892. The alternative writ of mandate heretofore issued is now made permanent, and relator is granted time to and [244 Ind. 481] including January 20, 1964, within which to file his transcript and assignment of errors in appealing from his judgment of conviction in th......
  • State ex rel. Southern Ind. Gas & Elec. Co. v. Pike Circuit Court, No. 30366
    • United States
    • Indiana Supreme Court of Indiana
    • September 11, 1963
    ...of Indiana, Inc. v. Pike Circuit Court of Pike County, Indiana, and the Honorable Lester Nixon, Judge of Said Court, (1963), Ind., 192 N.E.2d 149. Both suits concern an action commenced in the Pike Circuit Court on May 18, 1962, by Indianapolis Power & Light Company, hereinafter after refer......
4 cases
  • Associates Inv. Co. v. Claeys, No. 71A04-8804-CV-131
    • United States
    • Indiana Court of Appeals of Indiana
    • February 8, 1989
    ...the parties the Court cited, as a basis for denial of joinder, State ex rel. Public Service Co. of Indiana v. Pike Circuit Court (1963), 244 Ind. 481, 192 N.E.2d 149. (R. 70; Supp.R. Eight years later, on March 17, 1987, the estate moved for supplemental oral argument. (Supp.R. 54). It subm......
  • Hazel v. Metropolitan Development Commission of Marion County, No. 1271A282
    • United States
    • Indiana Court of Appeals of Indiana
    • November 16, 1972
    ...variance for portion 'B' of Lot 15. The fact remains that they did not do so. See State ex rel. Pub. Serv. Comm. v. Pike Cir. Ct. (1963), 244 Ind. 481 at 490, 192 N.E.2d SUPERIOR FOUR DECREE DID NOT CONFLICT WITH SUPERIOR THREE DECISION As heretofore noted, the controlling issue is the dete......
  • State ex rel. Reed v. La Porte Superior Court, No. 0-662
    • United States
    • November 18, 1963
    ...83 S.Ct. 768, 9 L.Ed.2d 892. The alternative writ of mandate heretofore issued is now made permanent, and relator is granted time to and [244 Ind. 481] including January 20, 1964, within which to file his transcript and assignment of errors in appealing from his judgment of conviction in th......
  • State ex rel. Southern Ind. Gas & Elec. Co. v. Pike Circuit Court, No. 30366
    • United States
    • Indiana Supreme Court of Indiana
    • September 11, 1963
    ...of Indiana, Inc. v. Pike Circuit Court of Pike County, Indiana, and the Honorable Lester Nixon, Judge of Said Court, (1963), Ind., 192 N.E.2d 149. Both suits concern an action commenced in the Pike Circuit Court on May 18, 1962, by Indianapolis Power & Light Company, hereinafter after refer......

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