Evening star., 1942-10-25
Order for Reopening
OF Gas Rate Case Is
Hit by Hankin
Objects to PUC's Failure
To Vocote Increase,
As Asked by OPA

Ina belated opinion dissenting to
the Public Utilities Commission or
der reopening the Washington Gas
Light Co., rate case, Gregory Hankin.
minority member of the body,
charged yesterday that the order
docs not constitute sufficient COM
pllance" with a petition of the Of
flee Of Price Administration as agent
of James F. Byrnes, director of eco
nomic stabilization.
Issued Friday, by Chairman James
H. Flanagan and Engineer Commits
sioner Charles w, Kutz, the order
made no move to vacate the rate
increase order of October IL, as re-
quested in the petition. A new
hearing in the case was set for 10
am, November 2, at which time
the fight over the "inf1ationary"
effects of the order will be resumed.
Mr.. Hankin said in his dissenting
opinion that the rate increase or
der, issued October 13 and provid-
Ing 100000 increase in consumer
charges, should be vacated and that
the case should be reopened "for
the purpose of arriving at a correct
rate structure without limiting the
director of economic stabiliZa ton
to the development of evidence re-
lating solely to the inflationary ef-
feet of the ordered increase"
Says He Objects to Methods.
This part of the opinion reiterates
a statement made by Mr. Hankin
Friday to the effect that he dissent
ed not because he objected to re-
opening the case, but because he
wanted the issue handled in a diff
ferent way
THE majority opinion enumerates
a list Of detailed steps in the inter
vention counsel for the Office of
Price Administration, giving the i'm
preston that he had full oppor-
tunity to be heard" Mr.. Hankin
stated. THE record, however, is
replete with evidence that the treat
ment accorded to him in effect nulli-
fed his intervention In my dis
senting opinion I reviewed the en-
tire administrative procedure fol-
lowed in this case and demonstrated
that the public had been denied a
full hearing"
Mr.. Hankin recalled that the ma
jority had arrived at the conclusion
that the company was entitled to
a rate increase of 100000, while he
had arrived at the conclusion that,
upon the record made, the COM
pany's rates should be decreased by
$617,000.
Explains Position.
Most of my disallowances, he
explained, were based on the fact
that the company had failed to sus-
tain it's burden of proof. 1t may
we'll be that if the company were
given an opportunity to prove by
competent evidence that some or all
Of those items should be allowed. it
would do so.
I'm these circumstances, there is
but one way, it seems to me, in
which the director of economic
stabilization can effectively carry out
the intent of Congress and the
President, and that is by full par
ticipation in the development in
the record of all elements Of fact
which enter into the determination
of just and reasonable rates charge
able by the Washington Gas Light
Co.: by insisting on strict proof re-
lating to the proper rate base, prop
er allowances for operating eX-
penses, reasonable allowances for
taxes and reasonable deductions for
depreciation; by insisting that the
commission make specific findings
Of fact. rather than mere conclusions
or inferences of fact and by insist
ing on the strict application of the
fundamental rule of administrative
decision, that the order be sup
ported by the findings and that the
findings be supported by the evi-
dence."