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TELLURIDE POWER CO. v. PUBLIC UTILITIES COMMISSION

No. 12853.

8 F.Supp. 341 (1934)

TELLURIDE POWER CO. v. PUBLIC UTILITIES COMMISSION OF UTAH et al.

District Court, D. Utah, C. D.

August 30, 1934.

Attorney(s) appearing for the Case

H. R. Waldo, Waldemar Van Cott, P. T. Farnsworth, Jr., and W. Q. Van Cott, all of Salt Lake City, Utah, for plaintiff.

Joseph Chez, Atty. Gen., and John Rice, Deputy Atty. Gen., for defendants.

Before LEWIS and BRATTON, Circuit Judges, and JOHNSON, District Judge.

LEWIS, Circuit Judge (after stating the facts as above).

We cannot agree that any opinion of the United States Supreme Court sustains the proposition that in fixing fair and reasonable rates the customer's ability to pay and the value of the service to him are paramount and controlling. If rates are so low as to be confiscatory of the utility's property, they are condemned by the Fourteenth Amendment. If they are so high as to yield a greater return on the value of...

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