Evening star. [volume] (Washington, D.C.) 1854-1972, 1917-08-02
PEPCO ASKS COURT
. TOHALT RATECUT
Files Petition to AnnuI Utilities
Boards Order Reducing.
Service Charges.

The Potomac Electric Power Com
pany today petitioned the District Su-
preme Court to annul the public utili-
ties commissions order for reduced
rates for electric service. which went
into effect yesterday: This action 1oi.
lowed the appeal of the company 10
have set aside the valuation placed on
the company's property by the commits
sion.
These rates, which are a reduction OF
from 10 to cents per thousand kto-
watt hours and of from 81 to as cents
in minimum charge, the company Will
comply with under protest. 1t has IN
formed the commission. until the courls
pass on the litigation instituted today
Justice Hitz issued a rule this after
noon on the public utilities commission TO
show cause August Is why the injunction
should not issue.
Grounds for Appeal.
In addition to the grounds set forth
In Its bill to have set aside the COM
missions valuation order, which allows
about S12,oOO,000 less than the company
claims would be required to reproduce
its property today. the power concern
appeals from the rate order for the fol-
lowing reasons:
First-The said findings and order No.
% of the commission are confessedlE
based upon an alleged analysis caused
to be made by the commission. not per-
sonally. but by undisclosed agents or
employees. not under the sanction OF an
oath and without an opportunity afford
ed the plaintiff company to cross-exam-
Inc them in respect thereto.
Second-Because the plaintiffs re-
quest to file in the record copy or
the said analysis which was necessary
to enable it to ascertain the processes
by which it's alleged results were oo-
tanned. to prepare and present its case
in opposition thereto, was denied by
the commission
Third-Because, as will be seen by
the record of the hearing when pro-
duced by the commission, long before
the passage of the act creating the
commission the plaintiff had entered
into the contract with the pla1ntl1
railway company in consideration of
guarantee by the latter of the PLAIN
tiff's bonds as a part of its contract
for power. and at a time when 1t would
have been impossible for the plaintiff
TO have placed its said bonds or to nave
acquired the means necessary TO de-
yelop its plant and business without
said guaranty: the plaintiff had bound
itself to permit the defendant railway
company to unite with 1t In joint
operation of the Benning power plant
on terms of paying such proportion OF
the cost of operation as the amount
of current used by the railway COM
of the current produced. without charge
for depreciation or interest or rate OF
return on the value of said plant. from
the terms of which contract entered
into in good faith and upon adequate
reconsideration the commission is with
out authority to release the plaintiff.
and for the performance of which con-
tract the plaintiff must remain bound
as IL is advised. believes and. there
fore, AYERS. to the railway company.
notwithstanding the said order of the
commission.
Fourth-Because the act Of the com.
mission in assuming to annul the said
contract is beyond any legal power pos
sessed by il, and is in violation of the
rights of the parties to the said con-
tract under the Constitution Of the
United States.
F'ifth-Because said nndings or the
commission in respect to the alleged
excessive revenues of the plaintiff
company for the year 1916 are unsup-