#29895 - 07/01/10 08:12 AM
Re: PUD v Spradlin
[Re: harborknight]
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addict
Registered: 11/06/08
Posts: 628
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[quote=harborknight]If a crisis or disaster occurs, and the price of gas (or other supplies) rises, that is called price gouging, and it is illegal, and prosecuted with vigor. [quote]
Unfortunately, price gouging in a time of disaster is not prosecuted vigorously, at least not here. The State, through the Governor, has some ability to deal with price gouging in a time of disaster, but I can't remember that power being exercised in my lifetime. RCW 43.06.220:
1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:
(a) Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew;
(b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets, parks, or other open areas of this state, either public or private;
(c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;
(d) The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
(e) The possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person's place of residence or business;
(f) The sale, purchase or dispensing of alcoholic beverages;
(g) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;
(h) The use of certain streets, highways or public ways by the public; and
(i) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.
Edited by FUBAR (07/01/10 08:13 AM)
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#29896 - 07/01/10 08:27 AM
Re: PUD v Spradlin
[Re: Bogus_bill]
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Carpal Tunnel
Registered: 07/08/08
Posts: 4757
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If this was a gas station that charged $12 a gallon after the storm, they should be looking over their shoulder for the feathers. This is probably explainable. Diesel is $3/gallon. A fuel truck delivering the diesel to the equipment is probably in the neighborhood of $100 per hour at straight time for the driver and truck. Overtime and double time for that driver would add much more to that cost. Not just anyone can drive a fuel truck since there are special endorsements for them. I could buy this if the charges for the fuel truck were detailed on the invoices. Not so much when the gas is just charged at $12/gallon. Any bookkeeper worth their salt should know how to detail that out appropriately...especially when they're being paid $50k for a few weeks of work.
_________________________
"If a 'right' exists for me, but not for thee, then it's not a right but a privilege.' - Fred Clark
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#29900 - 07/01/10 12:13 PM
Re: PUD v Spradlin
[Re: FUBAR]
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veteran
Registered: 03/31/09
Posts: 1203
Loc: AberVegas
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Okay, you are right, and I was completely wrong on this one. Washington appears to be the ONLY state where price gouging is apparently legal. Washington State has no laws that prohibit price-gouging; past efforts to pass such laws were unsuccessful http://www.shell.us/home/content/usa/abo...ce_gouging.html
_________________________
"Intellectual brilliance is no guarantee against being dead wrong." -Carl Sagan
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#29902 - 07/01/10 02:34 PM
Re: PUD v Spradlin
[Re: Stash]
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addict
Registered: 07/10/08
Posts: 588
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"During the trial the PUD was restricted by the court from presenting arguments related to the rates charged by Spradlin Rock, which was critical to the PUD’s argument."
Did this come as a surprise to the PUD after start of the trial, or was this known prior to the start? And why would the court make such a restriction? Did the court error in this regard? Is there any reason to think any such restriction would not be made in the appeals process?
_________________________
"Both politicians and diapers need to be changed often and for the same reason!" Mark Twain
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#29904 - 07/01/10 02:45 PM
Re: PUD v Spradlin
[Re: Brit]
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Carpal Tunnel
Registered: 07/08/08
Posts: 4522
Loc: State of Euphoria
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Did this come as a surprise to the PUD after start of the trial, or was this known prior to the start? And why would the court make such a restriction? Did the court error in this regard? Is there any reason to think any such restriction would not be made in the appeals process? My understanding is the ruling by McCauley came in Pre-Trial motions. It appears the PUD lawyers think the the ruling is in error. Once the flawed ruling was made, the trial would have been just playing for the appeal, imo. Most appeals are made with the assumption, or at least hope that the Appeals Court will agree with you.
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It's not where you take things from - it's where you take them to. Jean-Luc Godard
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#29905 - 07/01/10 02:52 PM
Re: PUD v Spradlin
[Re: harborknight]
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addict
Registered: 11/06/08
Posts: 628
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Okay, you are right, and I was completely wrong on this one. Washington appears to be the ONLY state where price gouging is apparently legal. I'm not sure that you are totally wrong. The last subsection of the RCW I cited seems to give the Governor, at least arguably, the authority to deal with price gouging during an emergency: "1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting: "(i) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace." I just don't know that this authority has ever been exercised in the past in Washington.
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#29907 - 07/02/10 07:39 AM
Re: PUD v Spradlin
[Re: Brit]
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Carpal Tunnel
Registered: 07/08/08
Posts: 4757
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"During the trial the PUD was restricted by the court from presenting arguments related to the rates charged by Spradlin Rock, which was critical to the PUD’s argument."
Did this come as a surprise to the PUD after start of the trial, or was this known prior to the start? And why would the court make such a restriction? Did the court error in this regard? Is there any reason to think any such restriction would not be made in the appeals process?
How odd. You take someone to court for over-charging but you're not allowed to give examples of over-charging? Does anybody know what legal basis ws given for this decision? It sure doesn't make sense to me.
_________________________
"If a 'right' exists for me, but not for thee, then it's not a right but a privilege.' - Fred Clark
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