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CITY PITTSBURGH v. PENNSYLVANIA PUBLIC UTILITY COMMISSION ET AL. (01/02/54)

January 2, 1954

CITY OF PITTSBURGH
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION ET AL.



COUNSEL

Anne X. Alpern, City Sol., David Stahl, Asst. City Sol., Pittsburgh, for City of Pittsburgh.

J. E. Fullerton, Albert E. Luttrell, Asst. Counsel, Lloyd S. Benjamin, Counsel, Harrisburg, for Pennsylvania Public Utility Commission.

Ernest R. von Starck, Robert H. Young, Philadelphia, Joseph A. Beck, Pittsburgh, Morgan, Lewis & Bockius, Philadelphia, for intervening appellee.

Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, Wright and Woodside, JJ.

Author: Hirt

[ 174 Pa. Super. Page 366]

HIRT, Judge.

The South Pittsburgh Water Company, a private corporate entity, serves twenty-one boroughs and nine townships in the metropolitan area of South Hills lying south of the Monongahela River. In addition, the company serves all or parts of nine wards of the City of Pittsburgh within that area. In October 1951 the company filed with the Pennsylvania Public Utility Commission its tariff Number 11, providing for substantial increases in all of its metered water rates. The effective date of the tariff, by successive orders of the Commission, was extended for a total of nine months to October 1, 1952. On July 1, 1952 the Commission of its own motion initiated an investigation to determine the legality and fairness of the proposed rates. The City of Pittsburgh and an individual resident affected by the tariff, filed complaints against the proposed rates which were consolidated for hearing with the Commission's investigation.

The thoroughness with which every phase of the consolidated proceeding was presented is attested by the scope and extent of the testimony and the numerous exhibits in this record. As measures of value at December 31, 1951, the company's proofs of value, in each instance less accrued depreciation, compared with the Commission's findings, may thus be stated:

Company Commission

Proof Finding

Original Cost $16,909,850 14,694,919

Reproduction Cost -- spot prices Dec. 31, 1951 35,764,326 31,489,035

Reproduction Cost -- average prices 1947 thru ...


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