Diamond State Telephone Co. v. Public Service Commission

O’HARA, Judge.

The Public Service Commission (“Commission”) refused the application of The Diamond State Telephone Company (“Diamond State”) for approval of the issuance and sale of 400,000 shares of common stock to its parent corporation, American Telephone and Telegraph Company (“A. T.&T.”). Diamond State has appealed this decision raising for review 1) whether the Commission properly exercised its powers of review and approval under 26 Del.C. § 2151 and 2) whether the Commission’s findings were supported by sufficient substantial evidence or were arbitrary and capricious.

As a public…