Garkane Power Co., Inc. v. Public Service Comm.

WOLFE, Justice.

This case is before us on a Writ of Certiorari. The question to be resolved is whether or not the defendant, Public Service Commission, has jurisdiction over the plaintiff, Gar-kane Power Company, Inc. This depends on whether Gar-kane is a “public utility” as that term is used in our statute, Sec. 76-2-1 (28), R. S. U. 1933.

Garkane Power Company, Inc., is a nonprofit membership corporation, organized pursuant to Chap. 6 of Title 18, R. S. U. 1933, for the purpose of generating and transmitting to its members, electric energy. Certain facilities for carrying out this purpose…