River Gas Co. v. Public Utilities Commission

The sole question presented for resolution herein is whether the commission has engaged in unlawful, retroactive ratemaking. Appellant argues that “the proper treatment of supplier refunds must be determined by the tariffs in effect when the service to which the refunds relate was rendered.” To do otherwise, would, according to appellant, constitute an illegal action on the part of the commission. For the reasons stated below, we disagree.

It is axiomatic that before there can be retroactive rate-making, there must, at the very least, be ratemaking. We are not convinced that the commission’s…