Gte North Incorporated v. Public Service Book Reviews

Gte North Incorporated v. Public Service by Supreme Court of Wisconsin Book Summary

The only issue before this court is whether the Wisconsin Public Service Commission (PSC) has the statutory authority to order
a refund of compensation collected by a utility in violation of its filed tariffs. The court of appeals held that the PSC
does not have this authority. We conclude that the statutes, supported by public policy, compel an opposite result. Accordingly,
we reverse. The procedural history of this case is complicated and lengthy. Mercifully, for purposes of our review only a brief recitation
of the history is necessary. This case arose from a dispute concerning the legality of certain contracts entered into between
GTE North Incorporated (GTE) and Harold Mohr (Mohr), whereby GTE provided time and temperature announcement services to Mohr.
The PSC concluded that GTE's contracts with Mohr were unlawful because they were not authorized by tariff and therefore were
in violation of the filed rate doctrine. See secs. 196.19, 196.22, 196.604, and 196.60, Stats., below. 1 The PSC ordered
GTE to refund payments made by Mohr under the contracts. The PSC now appeals that portion of a court of appeals' decision
which held that the PSC does not have the authority to order a refund of compensation collected by a utility in violation
of its filed tariffs. The court of appeals also concluded that the PSC did not sufficiently explain why it concluded that
GTE's contracts with Mohr were not authorized under GTE's "Special Equipment or Special Assemblies of Equipment" tariff. The
court of appeals remanded on that issue. However, for purposes of the resolution of the issue before us, we must assume that
GTE's contracts with Mohr were not authorized by tariff.

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