The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
Transportation Act of 1920 upon the Interstate Commerce Commission, and
since transferred to the Federal Communications Commission, over
accounts and depreciation rates of telephone companies does not, in the
absence of exercise by the federal agency of its power, operate to
curtail the analogous State authority;[875] nor is an unconstitutional
burden laid upon interstate commerce by the action of a State agency in
requiring a telephone company to revise its intrastate toll rates so as
to conform to rates charged for comparable distances in interstate
service.[876]
GAS AND ELECTRICITY
The business of piping natural gas from one State to another to local
distributors which sell it locally to consumers is a branch of
interstate commerce which a State may not regulate.[877] Likewise, an
order by a State commission fixing rates on electric current generated
within the States and sold to a distributor in another State, imposes an
unconstitutional burden on interstate commerce, although the regulation
of such rates would necessarily benefit local consumers of electricity
furnished by the same company.[878] In the absence, on the other hand,
of contrary regulation by Congress a State may regulate the sale to
consumers in its cities of natural gas produced in and transmitted from
another State;[879] nor did Congress, by the National Gas Act of 1938,
impose any such contrary regulation.[880] Likewise, a State is left free
by the same act to require a gas company engaged in interstate commerce
to obtain a certificate of convenience before selling directly to
customers in the State.[881] And where a pipe line is used to distribute
both gas that is brought in from without the State and gas that is
produced and used within the State, and the two are commingled, but
their proportionate quantities are known, an order by the State
commission directing the gas company to continue supplying gas from the
line to a certain community does not burden interstate commerce.[882]
The transportation of natural gas from sources outside the State to
local consumers in its municipalities ceases to be interstate commerce
at the point where it passes from a pressure producing station into
local distributing stations, and from that point is subject to State
regulation.[883] A State public utilities commission is entitled to
require a natural gas distributing company seeking an increase of rates
to show the fairness and reasonableness of the rate paid by it to the
pipe line company from which it obtains its supplies, both companies
being subsidiaries of a third.[884] A State agency may require a company
which sells natural gas to local consumers and distributing companies,
transporting it in pipe lines from other States, to file contracts,
agreements, etc., for sales and deliveries to the distributing
companies;[885] nor does the fact that a natural gas pipe line from the
place of production to the distributing points in the same State cuts
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account