Roberts R. Appel, Herbert S. Levy, Appel, Ranck, Levy & Appel, Lancaster, for appellant Lancaster Ice Mfg. Co.
G. Thomas Miller, J. Paul Rupp, John Siggins, Jr., Storey, Bailey & Rupp, Harrisburg, Carl Rice, Witmer & Rice, Sunbury, for appellant Magee Carpet Mfg. Co.
Jack K. Busby, Austin Gavin, Allentown, Hull, Leiby & Metzger, Harrisburg, for appellant Pennsylvania Power & Light Co.
W. Russel Hoerner, Asst. Counsel, Lloyd S. Benjamin, Counsel, Harrisburg, for Pennsylvania Public Utility Comm., appellee.
Earl V. Compton, William D. Boswell, Compton, Handler & Berman, Harrisburg, for Harrisburg Steel Co.
Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther and Wright, JJ.
[ 174 Pa. Super. Page 440]
These appeals are from an order of the Pennsylvania Public Utility Commission of August 12, 1952. This order denied petitions for rehearing in the proceeding in which the Commission by order dated February 14, 1951, found a fuel adjustment clause of the Pennsylvania Power and Light Company to be unreasonable and ordered its modification; and it amended
[ 174 Pa. Super. Page 441]
the order of February 14, 1951, to include a finding that refunds, in an amount to be determined at a subsequent hearing, were due to certain consumers from February 19, 1951, the date when the Power Company received notice of the Commission's order of February 14, 1951.
The tariff supplements of the Power Company providing for the application of the first fuel adjustment clause were filed on December 11, 1947, to become effective February 10, 1948. It was estimated that approximately one thousand industrial consumers would have their bills increased on an average of 7.94 per cent. Numerous complaints were filed by such consumers against these supplements prior to their effective date. The Commission did not suspend and consequently they became effective February 10, 1948. As originally filed the tariff supplements, relating to large industrial consumers, made the fuel adjustment clause applicable only to monthly consumption exceeding 15,000 kilowatt hours. By supplements to become effective April 29, 1949, the exemption of 15,000 kilowatt hours per month was removed as to all consumers whose bills were calculated from the tariffs subject to the fuel adjustment clause.
The Commission held hearings between May 11, 1948, and November 29, 1949, with respect to the complaints. On February 14, 1951, the Commission entered an order in which it found that the fuel adjustment clause had not produced an excessive return to the Power Company, and that as a fuel clause it was not unlawfully discriminatory. The Commission, however, made the further finding: '* * * that the clause itself is unreasonable, as a rate for electric service, in that it is being applied to all energy delivered to customers to whom ...