Owen J. Roberts

“ Thus, during the three years that the Power Commission's rate reduction was held in abeyance pursuant to the stay orders, the Iowa consumers were deprived of the opportunity to obtain a reduction of their rates from the local regulatory agencies. The City of Muscatine, Iowa promptly passed on ordinance reducing local gas rates after vacation of the orders staying enforcement of the Power Commission's rate reduction.
Ultimate consumers can secure benefits from a federal rate reduction in two ways: (1) by using the order to get reduced rates before their local regulatory bodies ”

“ And the claim of petitioner that local law would prevent a reduction in its rates for the period while the stay order was in effect is far too vague to acquire the dignity of a substantial question. [20] He who maintains that position has the distinct burden of overcoming the presumption that as a matter of local law the consumers were entitled to the benefits of this rate reduction. Petitioner fails to carry that burden. The record is void of any credible evidence that a reduction in the interstate rate would not have warranted a reduction in local rates. ”

“ At. that time, the Pipeline Company contended before this Court that if the Commission's rate order should be sustained, the fund accumulated as a result of the stay should be retained by it, and should not be turned over to the distributing companies because 'the purpose of the rate regulation is the protection of consumers, and * * * will not be effectuated by the refunds to wholesalers' of their 'profits from past business.' Upon our remand of the cause for further proceedings, the Pipeline Company petitioned the court below to take jurisdiction of the excess funds. ”

“ I think that the claims to the fund in possession of the court below are to be determined by state law. The Federal Power Commission has no authority to determine the rates which petitioner may charge in these Iowa cities. Under the Natural Gas Act that is for Iowa and Iowa alone to determine. ”