State Ex Rel. Marco Sales, Inc. v. Public Service Commission

I am unable at several points to agree with the majority opinion. I would reverse the trial court judgment and would reinstate the order of the Commission.

The validity of separate classification of heat pump users for gas tariff purposes. Scope of judicial review of Public Service Commission order.

I think the first question which must be decided here, and which the majority opinion leaves open, is whether the imposition of a surcharge upon a heat pump user is permitted at all. If that question is not decided, the parties are left in doubt, even if competent and substantial evidence were to…