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B-178356 1 (1973-10-31)

handle is hein.gao/gaobaadms0001 and id is 1 raw text is: 3L99 C1 COMrrOLLER GENERAL OF THE UNITED STATES 0- -%ftW WAS INGVOt4 DC, De 6tobar 31,p 1973 r, flUrl Duffel Unifld tates Department of Agriculture Office of Budget and Finnce Central. Voucher Payment Center Post Ofce Box6080 New Orlean , LouisJazz 70160 Dear Hr. Dufelat This Isn responne to your letter of tbrch 29, 1973p and subnoquent correspondence, requesting our decinion as to whetber certain bilne for cerrices provided by the Iowa Electric Light and Power Compny (hereinafter referred to as ow Electric) during the months of January and FebruLry1M3# in the aaunt of 80,fl.27 my be certified for payment. The record shoa that on lovdetr 20# 19R8, the Agriculture$ Research Service of the United ttes Department of A riculture and Iowa Electric executed Contract lb. l2-tk-00-2948(5F9 By the terms of thin contract loa mectrio a reed to furninh its cervices to the MnirAl.Picoave Research Iaboratory at Ame, Iowa, at rates provided therein. Atar execution of the contract7 the State legislature created a to--tsnion to regulate public utilites and purnuant to this authority rate increases vere effe ted. Iota Electric contends that the hiher rate Lranted by the Cremisulon supersede the contract rates and ha reQuested payment in accordance viL ¢ he Increased rates. Qenerally rates fixed by contract between a public utility and a conza .wer are subject to State lectslativc, sgulation and can be euperacded by nchnzlulo of rates entablishcc. by the legislature or a conziccion that kmn been delerated this raul story poor. See Midland Jtcalt-v Co. v4. Mno as ,Cit ve/r and Mitt Co. 300 U.. o09 (1937); 27 Cct.p. Gone o, 52 (1 JM cMes cited therein; and 29 0.J.8. Electricity 30 Bad31. In the abaence ofi any ixication in the record that the nev rates re uWut, unreasonable or discrJnmtory, e do not object to paymnt for these nerviccaa t the new rates proescribed by the regulatory authority. 27 ('ap. Gonei 5W, pE2.-231 . _9 , Oinc:.lyours, ?For 'thF Cxntrolr 0enezrul of the atta $tatn _ ,z !oNL/', ICT0Jt/4Zj

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