The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1917-08-23
Railroad Commission Sends
InterIocutory Order in
Fight Made to Retain
Heating Service.
NO RETIREMENT OF SERVICE
Petition of Company to Abandon the
Service is Denied but the Commits
sion Fails to Pass on Cross Com
plant of the Patrons.

The Wisconsin Railroad Commission
today handed down the inter-locutory
order in the petition of the Wisconsin
Gas and Electric Company tc abandon
the heating system ID Kenosha. The
order of the commission is a distinct
disappointment as it decides little or
nothing. It denies enphatically the
petition of the company to abandon
the service in Kenosha for the pres
ent time, but no decision is made upon
the cross complaint Of the city and
the property owners demanding better
ment of the service. This matter under
the order of the commission is held
open for further consideration. The
order states that the question of
jurisdiction has been eliminated by the
denying Of the petition. However,
this question may be raised in connee-
ton with the cross complaint on the
part Of the property owners The
decision in full is as follows:
"The Wisconsin Gas and Electric
Company fled with the commission an
application setting forth, il substance,
that il is apuhlie utility anaaged in
furnishing gas, electricity and heat IN
the city Of Kenosha; that its heating
system was constructed in 1899 and has
been operated ever since that time
without material extension or add
tions; that for some years the revenue
derived from the operation of said
heating system has been insufficient to
pay the cost Of operating the same to-
gether with a reasonable return on its
investment; that adequate service can
not be rendered with the exciting dis
tribution system, and that in order to
rehabilitate the system so as to af-
ford adequate service large expendi-
ture would be required which in turn
would necessitate so considerable an
increase in rates as to drive away a
large part Of the applicant s customers
and prevent it from obtaining new pat
rons; and that it has become impossi-
BILE to obtain for heating service in
Kenosha price sufficient to afford a
reasonable return on the necessary in
vestment The petition prays that the
commission authorize petitioner, upon
notice, to its customers, to discontinue
the furnishing of heating service in
the city Of Kenosha.
Answers were fled by numerous pat
rons of the company and by the city
of Kenosha, putting the allegations of
the petition in issue, and cross
complaint was also fled by Matte
French and twentyfour other patrons,
wherein, after the formal allegations,
it is set forth, in substance:
That the heating plant in question
serves a large number of patrons and
was constructed and designed to render
complete and continuous service dur
ing the life of the company's franchise
which originally extended to March
90, 1949, but has since been surrend-
cred for an indeterminate permit; that
the system was purchased by the pres
ent company with full knowledge of
the system and of all of the franchise
requirements under which it was
operated; that such system was con
strpcted under the most approved
methods then known, and if the same
has become impaired or deteriorated
it is because the company has failed
to make such repairs from time to
time as were necessary to prevent such
deterioration; that the company has
purposely allowed the system to get
TOUT of repair to the end that the sys-
tenn might be discontinued; that the
service rendered by the plant has been
generally satisfactory in the down
town district but has been and is in
adequate and insufficient in the resi-
dence district; that the present system
is capable, under proper methods, OF
being reconstructed, extended and oper-
ated so as to render reasonably ade-
quate service and. so as to afford a fair
return at reasonable rates; that the
company is bound by its franchise tc
render such service to the end of tbs
term and that the company should IN
justice be compelled to so operate SC
long as the revenue derived from its
whole system, including gas, electric
light, power and heat, will produce q
fair return d the investment. Cross
complaint prays that the Wisconsin