Evening star. [volume] (Washington, D.C.) 1854-1972, 1943-03-03
Power Heariinq
Interrupted by
Hankin Attack
Member of PUG
AssuiIs Attitude
Of Majority
By DON S. WARREN.

BY DON S. WARREN.
Consideration of reductions in
rates OF the Potomac Electric Power
Co. at hearings before the Public
Utilities Commission was halted for
40 minutes today while Gregory
Hankin, minority member of the
commission, read portions of a dis
senting opinion on one issue in
which he charged his co-commis-
sioners were serving the utilities in
stead of the public.
His criticism of PUG Chairman
James H. Flanagan and Engineer
Commissioner Charles w. Kutz was
similar to charges he had made
heretofore in opinions he has vari-
ously labeled dissenting or doubling
or partly concurring. His attack to-
day was more extensive and more
scathing, however.
In the present instance he pro-
tested the action of the PUG ma
jority in admitting spokesman for
the OPA, Sterilization Director
James Byrnes. Treasury Procure
ment, the Public, Buildings Admin
istration and the Justice Depart
ment as intervenors in the rate case
under stipulation that the scope of
the present case must be limited to
adjustments possible under the IT,
year-old sliding scale plan. He ar
gued the intervenors and others
should be permitted to 60 into basic
principles. But he took the oppor-
tunity to recite in his 42-page dis
sent what he deemed the sins Of the
PUG majority and the failures of
the PUG staff.
Action Called Challenge.
Criticizing the action of Chairman
Flanagan and Col. Kutz in deciding
their position without consulting
him, Mr.. Hankin characterized this
as a challenge to the appointive
power of the President. He said he
was authorized as a presidential ap-
pointee to hold Office, with all of
the powers, privileges and emolu-
ments Of the Office, including par
ticipation In all conferences, meet
ings and decisions of the commission.
For two commissioners to hold
conferences Of their own and to dis
pose of matters which are within
the jurisdiction OF the commission
without notice to or opportunity OF
participation by the third commits
sioner, is direct challenge to the
appointive power of the President"
he added.
When he had finished, Chairman
Flanagan said quietly that the PUG
majority was we'll aware OF the at
titude of the minority member. He
said that at the last executive ses-
sion Of the three, Mr.. Hankin had
moved approval of the petitions for
Intervention by Federal agencies.
Col. Kutz and ignored this mo-
tion," said Mr.. Flanagan, because
to have taken such action would have
been a violation OF the commission
rules OF procedure and would have
been an action denying to parties
to the case an opportunity to be
heard on the petitions.
Flanagan Defends Conference. 8
Chairman Flanagan added he
knew of no reason why majority
members of a commission cannot
sit down together and plan what
position they will take on pending
issues"
Mr. Hankin, in reciting a long list
Of cases In which he had differed
from Chairman Flanagan and Col.
Kutz, concluded:
The people have gotten very
little from this commission. What
they got, they got in driblets, and
even for that they had to toll with
sweat and tears. Now the commits
sion insists that if there Is any sub
stantial relief due in electric rates
this, too, should be granted in
driblets.
Il do not think that this commits
sion was set up to serve the utilities.
1t was set up to serve the public. I
do not believe that this commission
should adopt a different procedure
for the public than for the utilities,
and there certainly Is no reason why
the procedure adopted should favor
the utilities as against the public.
Commission Under Fire.
The hearings were resumed today,
with the PUG under a flank attack
by the company for seeking to reduce
rates too much, under a frontal at
tack by whole battery of counsel
for Federal agencies for trying to
keep rates too high, and with civic
spokesman divided on issues, but
fearing the worst either way.
The principal business sched-
uled for the session was cross
examination by Government at
torneys of v. A. McElfresh, chief
accountant OF the PUG, of four
calculations. offered late yesterday,
under which he showed how PEPCO
rates for this year might be reduced,
without what he called any funda-
mental change in the sliding scale
plan, by as much as either $242 900
or $315, 500.
Here. Company Counsel William
K. Laws took exception, paving the
way for possible court appeal, say
ing that this would constitute a
move beyond the scope of the hear
ing or otherwise a revaluation be-
yond the sliding scale plan, claim
ing there were elements of 'intan-
gible value" written into the 1924
consent decree which the PUG now
should not attempt to eliminate.
Wender Backs Plan.
Harry S. Wender, president of the
Federation of Citizens Associations,
raised his voice yesterday to pro-
claim the public value of the sliding
scale arrangement and to voice fears
of what might happen if the threats
of public ownership-outlined by
Thursman Hill, counsel for the
Treasury Procurement Division
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