In re Pottery

HART, J. The determination of the controversy here involved depends upon the interpretation of certain controlling statutes relating to procedure before the commission. The narrow question at issue may be stated as follows: Was the filing of an application to file a schedule of rates, by the gas company with the commission a ""first filing"" as contemplated by the provisions of Section 614-20, General Code? If it was a ""first filing"" under the statute, then the gas company may charge the pottery companies for industrial gas at rates fixed by the schedule subject to approval by the commission. If, on the other hand, it was not a ""first filing,"" then the order of the commission authorizing the gas company to file a rate schedule should be vacated, and the gas company may secure an increase in industrial gas rates only by complying with the applicable paragraphs of Section 614-20, General Code with respect to an increase of rates, that is, by filing an application for increase of rates, by filing the required exhibits, by computing and fixing a rate base, and in general by carrying out the provisions of such section.