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upr000286 145

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upr000286-145
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    This material is made available to facilitate private study, scholarship, or research. It may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by UNLV. Users are responsible for determining whether permissions are necessary from rights owners for any intended use and for obtaining all required permissions. Acknowledgement of the UNLV University Libraries is requested. For more information, please see the UNLV Special Collections policies on reproduction and use (https://www.library.unlv.edu/speccol/research_and_services/reproductions) or contact us at special.collections@unlv.edu.

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    University of Nevada, Las Vegas. Libraries

    Los Angeles - August 16, 1949 Memorandum for Mr, Bennett; On the question whether LVL&WCo. can be compelled (a) to extend its services to territory not now served, and (b) to expand its plant by building a conduit for conveyance of water from a distant source: Excerpts from 43 Am. Jur., nPublic Utilities and Services**, ii 47 and 48: BIn general, where a public utility accepts a franchise to serve the public or a portion thereof and undertakes to serve a community or territory and its inhabitants, it assumes a public duty to render service commensurate with its offer of providing a service system which will be reasonably adequate to meet the wants of the community or territory, not only at the time of the commencement of the serviee, but likewise to keep paee with the growth of the com­munity or territory served and gradually to extend its system as the reasonable wants of the community or territory may require. Accordingly, a public utility, at the suit of a consumer, may be required to extend its service to any part of the district wherein it has received a franchise^and has under­taken to operate, if the extension is a reasonable one, and a public service commission may, where its action is not unlawful, arbitrary or capricious, or­der such an extension of service for the inhabitants in such territory. However, before a public serviee corporation can be required to enlarge its plant un­der a statute authorizing such requirement when it ought reasonably to be done, it must be found that the plant is not reasonably sufficient to furnish adequate service, that the enlargement is necessary to insure such service, and that it is mthin the scope of the original professed undertaking of the owner. * * *