Arkansas Louisiana Gas Company v. Department of Public Utilities

1. A corporation acquired natural gas in Louisiana, piped it into Arkansas, and there disposed of it, partly by selling it as a public utility to consumers in cities—an activity carried on through a special department of the corporate business—and partly by sales to selected industrial and other customers, under special contracts made in Louisiana, delivery of gas being made to them directly from the main pipeline, or through connecting spurs. Held, that, a general order of an Arkansas state agency requiring all public utilities to file schedules of their rates is not unconstitutional when applied to the sales under the special contracts even though they be sales in interstate commerce. P. 62.

In the circumstances it may be highly important for the State, which regulates local rates, to have inforniation of all the operations. Merely requiring comprehensive reports of such operations would not materially burden or unduly interfere with interstate commerce.

2. The Court is not called upon to decide whether the sales under the special contracts are subject to rate regulation by Arkansas. P. 63.

194 Ark. 354; 108 S.W.2d 586, affirmed.

APPEAL from a judgment which reversed that of a court of first instance holding invalid an order of the State Department of Public Utilities. The case got into the latter court by petition for a review of the order.

Mr. H. C. Walker, Jr., with whom Mr. J. Merrick Moore was on the brief, for appellant.

Messrs. Thomas Fitzhugh and John E. Benton for appellees. Mr. P. A. Lasley was a brief with Mr. Fitzhugh. By leave of Court, Mr. Clyde S. Bailey and Mr. Benton filed a brief on behalf of the National Association of Railroad and Utilities Commissioners, as amicus curiae, in support of appellees.

[p62] MR. JUSTICE McREYNOLDS delivered the opinion of the Court.