Declaratory judgment in certain cases involving public utilities: hearings before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, House of Representatives, Ninety-sixth Congress, first session ... August 2 and September 12, 1979 |
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Common terms and phrases
accelerated depreciation amended amount annual adjustment apply bill Cal.Rptr California Public Utilities California Supreme Court capital Chairman commis compute Congress cost of service DALENBERG DANIELSON declaratory judgment declaratory relief deferred tax reserve depreciation expense determination effect election eligibility Federal court federal income tax federal tax expense filed Internal Revenue Code Internal Revenue Service investment credit investment tax credit issue Johnson Act legislation ment method of accounting method of depreciation normalization method Pacific Telephone Pacific's parties petitioners problem procedure proceeding proposed Public Service Commission Public Util.Code Public Utilities Commission public utility property question rate base rate of return rate order ratemaking purposes ratepayers reasonable refunds regulatory agency rehearing requirements reserve for deferred respect result ruling section 46 service for ratemaking sion subsection tax benefits Tax Court tax deferral tax law tax liability taxpayer telephone companies tion Treasury United States Code utility's West's Ann
Popular passages
Page 303 - In a case of actual controversy within its jurisdiction, except with respect to Federal taxes, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.
Page 181 - The district courts shall not enjoin, suspend or restrain the operation of, or compliance with, any order affecting rates chargeable by a public utility and made by a State administrative agency or a rate-making body of a State political subdivision...
Page 136 - Once a fair hearing has been given, proper findings made and other statutory requirements satisfied, the courts cannot intervene in the absence of a clear showing that the limits of due process have been over-stepped. If the Commission's order, as applied to the facts before it and viewed in its entirety, produces no arbitrary results, our inquiry is at an end.
Page 79 - It is impossible to ascertain what will amount to a fair return upon properties devoted to public service without giving consideration to the cost of labor, supplies, etc., at the time the investigation is made. An honest and intelligent forecast of probable future values made upon a view of all the relevant circumstances, is essential. If the highly important element of present costs is wholly disregarded such a forecast becomes impossible. Estimates for tomorrow cannot ignore prices of today.
Page 318 - In order to use a normalization method of accounting with respect to any public utility property — "(i) the taxpayer must use the same method of depreciation to compute both its tax expense and its depreciation expense for purposes of establishing its cost of service for ratemaking purposes and for reflecting operating results in its regulated books of account, and...
Page 83 - By that standard the return to the equity owner should be commensurate with returns on investments in other enterprises having corresponding risks. That return, moreover, should be sufficient to assure confidence in the financial integrity of the enterprise, so as to maintain its credit and to attract capital.
Page 117 - Francisco, and may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties.
Page 214 - Board, consisting of three able and discreet persons to be appointed by the mayor, with the advice and consent of the city council, and to receive such compensation as the city council may from time to time determine.
Page 54 - Petitioner prays that a writ of certiorari issue to review the judgment of the Court of Appeals...
Page 136 - The Constitution does not bind rate-making bodies to the service of any single formula or combination of formulas. Agencies to whom this legislative power has been delegated are free, within the ambit of their statutory authority, to make the pragmatic adjustments which may be called for by particular circumstances.