Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-09-17
Motions for Dismissal and
Immediate Retaliation
0VerruIed.
EXTRA PAYMENT RULES
ARE BROUGHT TO LIGHT
Lowered Washington and George
town Gas Light Co. Schedules
Called Disadvantageous.

The Federation of Citizens Associa-
tons lost two battles in quick success
sions as the hearings on the application
OF the Washington and Georgetown Gas
Light Companies to put in a reduced
rate schedule got under way before the
Public Utilities Commission this morn
ing, William NICK. Clayton, counsel for
the federation, moved to dismiss the
application without prejudice, and also
moved to proceed to an immediate re-
valuation Of the companies properties.
Motions were overruled
The principal new development at
the hearing today was the discovery
that accompanying the new rate sched-
ule is series of rules, two of them
calling for extra payments from con-
Sumels under certain conditions. Al
though these rules had previously been
Med with the commission, they had not
been made public.
Cites Previous 100000 Cost.
In making his plea for the revalua-
ton, Mr.. Clayton said that no condi-
tons which existed in the farcial pro-
ceedings in 1926 did not also exist now.
At that time 100000 of the con-
sumers' money was filtered away in q
valuation proceeding which got no
where, he said. Is the commission now
willing, he asked, to set calmly down
and receive an offer, and turn that
which is commanded by law to be dealt
with on the basis of eYaluation and
return into matter of barter and deal?
What is the use of a public utility
act, he asked, if the commission is to
sit and take an offer the company
makes without looking into it more
closely than to read the company's
statement that it is a reduction in
rates?
Chairman Mason NJ Patrick of the
commission asked how long, in Mr..
Clayton's opinion, valuation proceed
| ing would take.
| Mr.. Clayton replied that the case be-
| fore the commission would take one
| year, that If the case we're appealed the
| proceedings before the court on first
that an appeal to the Court Of Appeals
| would take third year.
! Gen. Patrick asked what the rate
! would be for gas during those three
| years.
The rate would be 81, Mr.. Clayton
replied
Gen Patrick then asked what the
people would gain by the delay
The reply was that they would know
on what basis they we're paying the
rates asked
Gen. Patrick then asked which Mr..
Clayton would consider the better BUSH
ness proposition. Mr.. Clayton said that
the only thing to recommend accept
! ance of the company's offer was that
it was expedient. He did not believe
in expediency, he said, but in carrying
out the mandates of the law.
Hartman Breaks In.
Here Commissioner Harleigh H. Hart
man broke in and reminded Mr.. Clay
ton that the present proceedings are
taken under section "a of the public
utilities act, whereas the motion for
valuation could probably be made only
under proceedings brought under Sec
ton 90.
Mr.. Clayton said that the commission
evidently had this in mind when it
drew up the order calling the hearing.
II 1t did not, it should have had. he
said. The commission. he said, should
have consumer in mind, even if no.
BODY appeared for him at the hearing.
He told Mr.. Hartman that the public
utilities act nowhere from section / to
section 100 says anything about a fair
return to the corporations, although IL
Goes speak IN no uncertain terms of the
unreaSonableness to the consumer of
rates, tolls and charges. Mr.. Hartman
wanted to know if it would not be bet
ter to take voluntary offer when the
consumer can get it than to try to force
the rates down through valuation pro-
ceedings which might or might not re-
suit favorably to the consumer
Cites Two Examples.
THE casuistry of that argument Is
that the end juStifies the means" Mr.
Clayton says. We have two examples
before us of what happens when the
commission accepts offers made to it
by public utility corporations. First. we
have the Potomac Electric Power Co.
That corporation had a $4,000 900 i'm
pounded fund. The commission ac-
cepted compromise based on a valua-
ton written by the company, whereby
the consumer was supposed to get a
half of any excess return over To per
cent, and the company was to keep the
difference. Under this compromise, the
Potomac Electric Power Co. has steadily
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