[MC-1069] In the Matter of the Determination of the Scope of Certificates Covering Urban Bus Service Decided April 15, 1939 ORDER provides (1) that common motor carrier certificates which specifically authorize local urban bus service on specified routes within a municipality or municipalities shall be deemed to be amended so as to include in their scope operation on all streets and highways therein, subject to the approval or order of the commission as to extension or abandonment of routes within the municipality; (2) that such approval may be given upon written application by the carrier without hearing in cases where proof is submitted that the proposed route changes have been approved by the appropriate municipal council or board, subject to hearing upon petition of any interested party seasonably made. 1. Common Motor Carriers-Urban Adequacy Bus Service Reasonable A company seeking to render an urban passenger bus service in a municipality assumes a responsibility to render such bus service in that municipality as may be required to provide reasonably adequate service. GENERAL ORDER EXTENDING THE SCOPE The commission has from time to time granted certificates for urban bus service specifying the streets within the municipality whereon the operation is to be performed. In other cases certificates covering urban bus service have been made coextensive with the limits of the municipality subject to the approval or order of the commission as to extension of routes or abandonment of routes within the municipality. It is believed that the latter type of certificate is more suitable to the exercise of the power of regulation granted by chapter 194, Statutes. [1] A company seeking to render an urban passenger bus service in a municipality assumes a responsibility to render such bus service in that municipality as may be required to provide reasonably adequate service. Under the provisions of sections 194.33 and 194.08, Statutes, the municipal authorities are given broad powers with respect to the actual use of streets for bus or truck service. The commission has been inclined to give much weight to the judgment of properly constituted municipal authorities with respect to such matters. In cases where the proper municipal council has specifically by formal action approved a route extension or route abandonment it is believed that it would be proper for the commission to give its approval to the change informally subject to hearing upon request of any interested party seasonably made. If the certificate is broadened to cover all streets in the municipality subject only to the approval of the commission, such an informal approval would not require an amendment of the certificate and therefore would not necessarily require a hearing. ORDER IT IS THEREFORE ORDERED: 1. That each common motor carrier certificate which specifically authorizes local urban bus service on a specified route or routes within a municipality or municipalities shall be deemed to be amended so as to include in its scope operation on all streets and highways in said municipality or municipalities, provided, however, that no bus route therein shall be established, extended, or abandoned, without the approval or order of the commission. 2. That such approval may be given upon written application by the carrier without hearing in cases where proof is submitted that the proposed route changes have been approved by the appropriate municipal council or board, subject to hearing upon petition of any interested party seasonably made. [2-U-1327] Investigation on Motion of the Commission of the Rates, Rules, and Practices of the Village of Readstown, as an Electric Utility Decided April 15, 1939 THE COMMISSION, upon investigation finding that the rates, rules, and practices of the village of Readstown as an electric utility are unreasonable, an audit of the 1937 report indicating an excess earning of approximately $1,000, ordered the utility to discontinue its present rates and to substitute therefor the revised rates found reasonable to be effective on the bills rendered following the first meter reading after the 20th of April 1939, the rates authorized being of a fixed charge type. 1. Electric Rates-Establishment-Fixed Charge When a transfer is made from an ordinary increment type of rate to a fixed charge type, a few customers usually receive increased bills during certain months in which their use of energy is low, which increase however will be largely offset by decreases in bills during months in which the customer makes increased use of energy so that the over-all annual effect of these rates will be beneficial to the vast majority of customers. [2-WP-381] In the Matter of the Application of the City of Kaukauna for a Certificate of Public Convenience and Necessity Authorizing It to Acquire an Existing Dam in the Fox River in the City of Kaukauna Known as the Outagamie Paper Company and Patten Paper Company Dam Under the Provisions of Sections 31.15, 31.16, and 31.17, Statutes, and for Authority to Maintain and Operate Said Dam Under the Provisions of Sections 31.07 and 31.09, Statutes [CA-664] In the Matter of the Application of the City of Kaukauna as a Water and Electric Utility for Authority to Improve Water Power Rights in the Fox River for the Purpose of Generating Power Decided April 18, 1939 AFTER FURTHer hearings, determination and order of January 13, 1939 in docket 2-WP-381 wherein the commission issued to the city of Kaukauna a certificate of convenience and necessity, authorizing it to acquire the dam site, dam, flowage rights, and other property in the north channel of the Fox River at Kaukauna formerly owned by the Outagamie Paper Company and the Patten Paper Company, and authorizing the city of Kaukauna to acquire certain lands, bank, and flowage rights in the south channel of the Fox River from the Green Bay & Mississippi Canal Company, and wherein the city of Kaukauna was granted a permit to repair, extend, operate, and maintain said dam across the Fox River upon said lands, confirmed. Order of the same date in docket CA-664, authorizing the city of Kaukauna to improve its water rights in the north channel of the Fox River and to extend the dam across the south channel of the Fox River on lands acquired from the Green Bay & Mississippi Canal Company, confirmed, the commission being of the opinion that no reasonable grounds had been shown for vacating and setting aside said orders. 1. Statutes Interpretation-Section 66.06 Public Utilities Municipalities as The commission is of the opinion that after the electors have decided by their vote that the city shall engage in the electric utility business, and the city thereafter enters such business, the conduct and expansion of the business is the sole concern of the governing body of the city. 2. Municipalities-As Public Utilities-Taxation The city is entitled to the equivalent of taxes on the land and other property constituting the plant and equipment which it owns and oper ates in its capacity as a public utility which would be assessed against such property if it were owned by a private utility. DECISION On January 13, 1939 (20 P.S.C.W. 564) the commission issued to the city of Kaukauna a certificate of convenience and necessity under sections 31.15, 31.16, and 31.17, Statutes, authorizing it to acquire an existing dam site and dam in the north channel of the Fox River in the city of Kaukauna known as the Outagamie Paper Company and the Patten Paper Company Dam, and authorizing it to acquire from the Green Bay & Mississippi Canal Company certain lands, partly submerged and partly exposed in the bed and bank of the south channel of the Fox River, and also issued to the city a permit pursuant to sections 31.07 and 31.09, Statutes, for the repair, extension, operation, and maintenance of said dam in the Fox River on the lands above mentioned, docket 2-WP-381. The commission also on said day (20 P.S.C.W. 562) issued its authorization to the city of Kaukauna as a municipal electric utility to improve its water power in the north channel of the Fox River, and to extend the dam across the Fox River on the land acquired from the Green Bay & Mississippi Canal Company, docket CA-664. Thereafter, namely, on February 3, 1939, the commission on complaint of Arthur J. Hoolihan and others ordered the above-entitled matters to be reopened for further hearing and consideration and thereupon gave notice that a further hearing would be held on February 13, 1939 in the office of the commission in the capitol at Madison. At the time and place set therefor, namely, February 13, 1939, further hearings in said matters were held before Commissioners Fred S. Hunt, R. A. Nixon, and R. Floyd Green. Appearances: City of Kaukauna by Joseph W. LeFevre, attorney. Mayor of Kaukauna. Seven aldermen. |