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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 972   View pdf image (33K)
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972 ARTICLE 23

tion by P. S. C. of Md. The movement of natural gas from one state to another is in-
terstate commerce, but when sold and distributed to Maryland consumers it ceases to
be an article of such commerce. "Original package." Injunction properly granted.
W. Va., etc., Gas Co. v. P. S. C., 134 Md. 139.

Commission has no jurisdiction to authorize sale by municipality of property dedicated
to public use; powers conferred upon commission are of a regulatory nature and do
not include either granting or withdrawal of franchises. Worcester v. Hancock, 151
Md. 678.

See secs. 195 and 196, and notes to sec. 403.

As to condemnation by gas companies, see sec. 336.

An. Code, 1924, sec. 387. 1912, sec. 444. 1910, ch. 180, sec. 31i (p. 375).

398. Every gas corporation and every electrical corporation shall fur-
nish and provide such service, instrumentalities and facilities as shall be
reasonably safe and adequate and in all respects just and reasonable. All
charges made or demanded by any such gas corporation and electrical cor-
poration for gas, electricity or any service rendered or to be rendered,
shall be just and reasonable and not more than allowed by law or by order
of the commission; "and all acts or parts of acts heretofore passed and now
existing, prescribing or limiting the price at which any gas corporation or
electrical corporation, or any other corporation subject to this sub-title,
may furnish, sell or dispose of its gas or electricity or other product or
utility are hereby repealed, it being the intent of this sub-title that the
powers of the commission herein created to ascertain the price of such gas
or electricity or other product of utility as provided for herein, shall super-
sede all such acts or parts of acts aforesaid." Every unjust or unreason-
able charge made or demanded for gas, electricity or any such service, or in
connection therewith, or in excess of that allowed by law or by the order of
the commission, is prohibited.

Wo gas corporation or electrical corporation shall directly or indirectly,
by any special rate, rebate, drawback or other device or method, charge,
demand, collect or receive from any person or corporation a greater or less
compensation for gas or electricity, or for any service rendered, or to be
rendered, or in connection therewith, except as authorized in this sub-title,
than it charges, demands, collects or receives from any other person or
corporation for doing a like and contemporaneous service with respect
thereto, under the same or substantially similar circumstances or conditions.

No gas corporation or electrical corporation shall make or grant any
undue or unreasonable preference or advantage to any person, corporation
or locality, or to any particular description of service in any respect what-
soever, or subject any particular person, corporation or locality or any
particular description of service to any undue or unreasonable prejudice
or disadvantage in any respect whatsoever.

Nothing in this sub-title shall be taken to prohibit a gas or an electrical
corporation from establishing a sliding scale for the automatic adjustment
of charges for gas, electricity or any service rendered, or to be rendered,
and the dividends to be paid to stockholders of such gas corporations or
electrical corporation, provided that the sliding scale shall have been filed
with the proper commission; but nothing in this subdivision shall operate
to prevent the commission from fixing proper, just and reasonable rates
and charges to be made for service, as authorized in this article.

This section was passed to remove any statutory barrier to comprehensive effect as
to rate regulation of P. S. C. Law. Consolidated Public Utilities Company (of West-
minster) is within the operation of P. S. C. Law; pre-existing provisions of charter
of Westminster in conflict with the exclusive exercise of regulative power by P. S. C.
as to that company, repealed. Act of 1910, ch. 341, regulating rates of the water
company is in violation of that part of art. 3, sec. 33, of the Md. Constitution which


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 972   View pdf image (33K)
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