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MONSANTO CO. v. DEPARTMENT OF PUBLIC UTILITIES

379 Mass. 317 (1979)

397 N.E.2d 1110

MONSANTO COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1979.

Attorney(s) appearing for the Case

Andrew J. Newman for the plaintiff.

Gerard A. Maher of New York (Richard L. Brickley, Jr., & James B. Hodge with him) for Bay State Gas Company, intervener.

Larry M. Smukler, Special Assistant Attorney General, for the defendant.

Robert P. Rodophele, Assistant Attorney General, for the Attorney General, intervener.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, WILKINS, & LIACOS, JJ.

BRAUCHER, J.

The Department of Public Utilities (department) has allowed the Bay State Gas Company (company) to file new rates to produce more than $8,000,000 in additional annual revenue. The company proposed to allocate the increase among residential, commercial and industrial customers by a "rate base distributor" method based on a cost of service study prepared by Gilbert Associates, an independent consultant. Monsanto Company (Monsanto), an intervener, proposed...

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