An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1914 |
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Law Number | 340 |
Subjects |
Law Body
Chap. 340.—An ACT imposing public duties on heat, light, power, water, and
telephone companies, and providing for the control and regulation of
such companies by the State corporation commission. (S. B. 429.)
Approved March 27, 1914.
1. Be it enacted by the general assembly of Virginia, That
every company operating any public utility in this State shall be
deemed a public service corporation within the meaning of the
Constitution and the laws of the State of Virginia relating to
public service corporations, and as such shall be subject to the con-
trol of the State corporation commission.
(a) Every public utility shall be required to file with the State
corporation commission and to keep open to public inspection,
schedules showing rates and charges made either for itself or joint
rates or charges between itself and any other public utility or
utilities. ‘
(b) Itshall be the public duty of every public utility to furnish
reasonably adequate service and facilities at reasonable and just
rates to any person, firm or corporation along its lines desiring
same and not engaged in a similar business, and to charge uni-
formly therefor all persons or corporations using such product,
under like conditions, and not in competition with such furnishing
company.
But nothing herein contained shall be construed as applicable
to schedules of rates, or contracts for service rendered by any such
company, to any municipal corporation, or to the State or federal
government.
2. Public utility defined—The term “public utility” as used
in this act shall mean and embrace every corporation, other than a
municipality, company, individual, or association of individuals,
their lessees, trustees, or receivers, appointed by any court whatso-
ever, that now or hereafter may own, operate, manage, or control
any plant or equipment or any part of a plant or equipment within
the State for the conveyance of telephone messages or for the pro-
duction, transmission, delivery, or furnishing of heat, light, water
or power either directly or indirectly to or for the public.
8. Service defined—The term “service” is used in this act in its
broadest and most inclusive sense and includes not only the use
of accommodations afforded consumers or patrons, but also any
product or commodity furnished by any public utility and equip-
ment, apparatus, appliances and facilities devoted to the purposes
in which such public utility is engaged and to the use and accom-
modation of the public.
4. Appointment of agents; powers.—For the purpose of carry-
ing out this act the State corporation commission is empowered
to employ or appoint all necessary accountants, examiners, stenog-
raphers, engineers, assistants or agents, who shall be paid by the
treasurer of the State of Virginia, upon the order of the State cor-
poration commission. .
The State corporation commission is empowered to appoint by
written order special agents, whose duties shall be defined in such
order and who shall have all inquisitorial powers and the right to
require the appearance of witnesses and parties, now possessed by
the State corporation commission. Such agents may make either
special investigations and reports for the information of the State
corporation commission, or if so directed in such order, any such
agent shall conduct the hearing of any complaint, taking testimony
upon such notice and subject to the rules for taking depositions in
a chancery cause, which testimony shall be reduced to writing.
Such agent shall report his findings to the State corporation com-
mission, and file the testimony taken before him therewith. The
recommendations of such agents shall be advisory and shall not
preclude the State corporation commission from taking further
testimony.
5. Tests and equipment therefor—That the State corporation
commission may purchase such materials, apparatus, and standard
measuring instruments for such examinations and tests as it may
deem necessary, and may provide for the examination and testing
of the service or any part thereof of any public utility in this State
at such time and under such circumstances as the State corpora-
tion commission may deem best.
6. Report by utilities; items.—The State corporation commis-
sion, with or without an investigation, may require any public
utility to furnish to the said State corporation commission, in such
form, at such times, and in such detail as the commission shall
require, such accounts, reports and other information of whatsoever
kind or character as said State corporation commission may deem
proper and in such form and detail as it may prescribe, in order to
show completely the entire operation of the public utility in furnish-
ing the unit of its product or service to the public.
The State corporation commission shall ascertain and prescribe
for each kind of public utility suitable standard commercial units
of products or service. These shall be lawful units for the purposes
of this act.
7. Commission to fix rates and regulations.—If upon investiga-
tion the rates, tolls, charges, schedules. or joint rates of any public
‘utility operating in this State shall be found to be unjust, unreason-
able, insufficient or unjustlv discriminatory or to be preferential
or otherwise in violatien of any of the provisions of this act, the
State corporation commission shall have power to fix and order sub-
stituted therefor such rate or rates, tolls, charges or schedules as
shall be just and reasonable.
‘ If upon investigation it shall be found that any regulation,
‘measurement, practice, act or service of any public utility operating
in this State complained of, is unjust, unreasonable, insufficient.
preferential, uniustly discriminatory or otherwise in violation of
iny of the provisicns of this act or if it be found that any service
's inadequate or that any reasonable service cannot be obtained,
she State corporation commission shall have power to substitute
herefor such other regulations, measurements, practices, service or
ets and to make such order resnecting, and such changes in, such
-egulations. measurements, practices, service or acts as shall be just
and reasonable.
Sec. 8. Nothing contained in this act shall in any way abridge
vr alter the remedies at common law, in equity, or by statute, but
he provisions of this act are in addition to such remedies; pro-
-ided that no pending litigation shall in anv way be affected by
-his act; and provided further, that the provisions of the Code of
Virginia shall apply to the companies included herein, and when-
‘aver ie two are inconsistent, the law as embraced in the Code shall
prevail.