CHAPTER II General Powers of Commissions SCOPE NOTE This chapter includes grants of power which give commissions general authority to regulate utilities. This authority is found in the use of language involving general supervision, in comprehensive enumeration of particular powers in summary form, and in grants of special powers of such broad scope as to amount to general regulation. For provisions incidentally involving grants of general power, see ch. xiv, on commission procedure and practice. For general statements of particular powers, see ch. iv, on establishment and change of rates, ch. vii, on service, and ch. viii, on safety of operation. For provisions authorizing commissions to examine equipment and facilities, see ch. viii, on safety of operation. For provisions authorizing commissions to elicit general information from utilities, and for those requiring commissions to submit reports and make recommendations, see ch. x, on reports. For provisions prescribing general procedure to be followed in the exercise of commission authority, see ch. xiv, on commission procedure and practice. For provisions prescribing general rules of enforcement and judicial review, see ch. xv, on enforcement. For general statement of scope and method, see introduction. ANALYSIS A. Extent of general authority of commission............. PAGE 113 I Authority of commission to supervise and regulate utilities designated.... 113 2 Authority of commission to enter upon the premises and examine the property of public utilities, and to hold investigations with regard to the affairs and general condition thereof........ 136 3 Authority of commission to examine under oath the officers, agents or employes of public utilities, and to inspect the books, records and memoranda thereof... 4 Authority of commission over allied businesses.. 5 Territorial jurisdiction of commission...... 147 159 159 6 Authority of pre-existing boards or administrative officers conferred on commission... 162 ... B. Authority of commission to hold hearings on proposed changes of law and make recommendations with respect thereto.... .... C. Authority of commission to arbitrate or mediate in controversies affecting public utilities.. 167 168 D. Authority of commission to visit and confer with other regulating bodies. 171 A. EXTENT OF GENERAL AUTHORITY OF COMMISSION 1. Authority of Commission to Supervise and Regulate Utilities Designated. UNITED STATES Commission may inquire into the management of business of all common carriers and keep itself informed as to 237 the manner and method in which same is conducted and may obtain from such common carriers, full and complete information to enable it to perform its duties and carry out the objects for which it was created. Act to Regulate Commerce, sec. 12. 238 239 Commission is hereby authorized and required to execute and enforce the provisions of this act. Same. Enumeration of powers shall not exclude any power which commission would otherwise have in the making of an order under provisions in this act. Same, sec. 15. ALABAMA Commission may supervise and control transportation companies and express companies, car, sleeping car, 240 steamboat, or steam packet companies and also all telegraph and telephone lines operating in more than one city or town. Code 1907, sec. 5647. 241 242 243 Commission is charged with the duty of supervising, regulating and controlling all transportation companies doing business in this state, in all matters relating to the performance of their public duties, and their charges therefor and of correcting abuses therein by such companies. Same, sec. 5651. Commission may regulate railroad freight and passenger tariffs, the locating and building of passenger and freight depots, correct abuses, prevent unjust discrimination and extortion, and require reasonable and just rates of freight and passenger tariffs. Same, sec. 5652. Commission may inquire into the management of the business of all transportation companies, and shall keep itself informed as to the condition, manner, and method in which the same are conducted with reference to the security and accommodation of the public and their compliance with their charters and the laws of the state. They may obtain from any such company full and complete information necessary to enable commission to perform its duties and carry out the objects for which it was created. Same, sec. 5656. ARIZONA, CALIFORNIA Commission may supervise and regulate every public service corporation' and do all things, whether herein spe244 cifically designated or in addition thereto, which are necessary and convenient in the exercise of such power and jurisdiction." Ariz.-Sess. Laws 1912, ch. 90, sec. 31, Cal.-Stats. 1911, 1st. ex. sess., ch. 14, sec. 31. See also pars. 3161, 3162, 4518. COLORADO 245 sess., ch. 5, sec. 12. Identical with pars. 237, 238. Laws 1910, sp. CONNECTICUT The provisions of this act shall be deemed to be amendatory of all charters of public service companies chartered by, or organized under the laws of, this state and shall repeal all powers and limitations in any such charters in so far as the same are inconsistent herewith; and all powers 246 and privileges conferred, and all duties and obligations imposed, upon such companies by the provisions of this act are conferred or imposed upon such companies in the same manner and to the same extent as if the provisions of this act were parts of the charters of such companies. Pub. Acts 1911, ch. 128, sec. 37. FLORIDA Commission may direct and control all matters 247 pertaining to railroads that shall be for the good of the public. Gen. Stats. 1906, sec. 2893. Commission is vested with judicial powers to do or enforce 248 or perform any function, duty or power conferred upon it by this chapter to the exercise of which judicial power is necessary. Same, sec. 2922. The powers of commission shall be and the same are hereby enlarged and extended so as to confer upon commission exclusive power and authority within this state, and it shall be their duty to regulate the rates and charges and service within this state of all persons, firms or corporations 249 engaged in or carrying on a telephone business within this state, so far as said rate and charges apply to the business of said such persons, firms or corporations within this state; provided, however, that such rates and charges must and shall be in each and every case just, fair and reasonable. Laws 1911, ch. 6186, 250 sec. I. All the terms and provisions of this state as embraced "Public utility," in California. in chapter 5, title 4, fourth division of the general statutes and all acts supplementary thereto or amendatory thereof are hereby declared to be of force with reference to all persons, firms or corporations carrying on a telephone business within this state so far as said laws are applicable to such persons, firms or corporations carrying on telephone business within this state. Same, sec. 2. All persons, firms and corporations owning, controlling or operating a line or lines of telegraph, whose line or lines is or are in whole or in part in this state, shall be under the control of commission, who shall have full power to regulate the prices to be charged and service to be rendered by any person, firm, or corporation owning, controlling or operating any line or lines of tele251 graph for any service performed by such person, firm or corporation and all the powers given to commission over railroads in this state, and all the penalties prescribed against railroad companies or persons operating railroads, by and under the laws of Florida, are hereby declared to be in force against corporations, persons, firms and corporations owning, controlling or operating a line or lines of telegraph. Laws 1911, ch. 6187, sec. 1. The powers of commission to regulate charges by corporations, companies and persons herein referred to shall apply to 252 messages sent by telegraph from one point to another in this state. Same, sec. 2. GEORGIA All companies or persons owning, controlling, or operating a line or lines of express or telegraph, which are in whole or in part in this state, shall be under the control of commission, who shall have full power to regulate the prices to be charged by any company or person owning, controlling, or operating any such line or lines, for any service performed by such company or persons, and all the powers given to commission over railroads in this state, and all the penalties prescribed against companies or persons operating railroads by existing 253 laws are hereby declared to be of force against corporations, companies, or a person or persons owning, controlling, or operating a line or lines of express and telegraph, whose line or lines is or are, wholly or in part, in this state, so far as said provisions can be made applicable to any corporation, company, person, or persons, owning, controlling, or operating a line or lines of express and telegraph. Commission may also require said companies to locate agencies at railroad stations. Code 1911, sec. 2660. |