New Jersey Bell Telephone. Co. v. State Dep't of Pub. Utils

In New Jersey Bell Telephone. Co. v. State Dep't of Pub. Utils., 12 N.J. 568, 596-97, 97 A.2d 602 (1953), the Court held that the BPU is required to allow a public utility to include some charitable contributions in its operating expenses: It has been held that where utility corporations have inherent or statutory power to make charitable gifts and donations, the payment is properly allowed in a rate determination as an operating expense where it has an effect upon the creation of the service or product of the corporation and therefore may be considered as reasonably necessary in the rendition of service to the consumer. This appears to be a salutary legal premise. Subsequent to New Jersey Bell Telephone, the BPU adopted a policy of allowing public utilities to treat a portion of their charitable contributions as operating expenses.