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IN RE REVISION OF RATES BY REDI-FLO CORPORATION

76 N.J. 21 (1978)

384 A.2d 1086

IN THE MATTER OF THE REVISION OF RATES FILED BY REDI-FLO CORPORATION OF NEW JERSEY INCREASING ITS RATES. STANLEY C. VAN NESS, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, APPELLANT, v. REDI-FLO CORPORATION, A CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY; DEPARTMENT OF PUBLIC UTILITIES, BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 6, 1978.

Attorney(s) appearing for the Case

Mr. R. William Potter, Assistant Deputy Public Advocate (Mr. Stanley C. Van Ness, Public Advocate, attorney; Mr. Potter and Mr. William Gural, Director, Division of Rate Counsel, of counsel and on the brief).

Mr. Jack B. Kirsten argued the cause for respondent Redi-Flo (Messrs. Kirsten, Solomon, Friedman and Cherin, attorneys; Mr. Kirsten and Ms. Deborah W. Babcox, on the brief).

Mr. Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for respondent Board of Public Utility Commissioners (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Goltz, on the brief; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Messrs. Rosen and Weiss submitted a brief on behalf of amicus curiae N.J. Utilities Association (Mr. Howard T. Rosen, of counsel; Mr. William Balcerski on the brief).

Mr. Walter P. Roura submitted a brief on behalf of amicus curiae Assemblyman Richard Van Wagner.

The opinion of the court was delivered by PASHMAN, J.

This is an appeal taken by the Department of the Public Advocate from that portion of an order issued by the Board of Public Utility Commissioners (The Board) authorizing the Redi-Flo Corporation (Redi-Flo) to incorporate an automatic "fuel adjustment clause" into its permanent tariff. The Board's order, dated July 10, 1975, modified two earlier decisions in which it had granted a measure of rate relief to Redi...

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