IN RE REVISION OF RATES BY TOMS RIVER WATER COMPANY


82 N.J. 201 (1980)

412 A.2d 430

IN THE MATTER OF THE REVISION OF RATES FILED BY TOMS RIVER WATER COMPANY INCREASING ITS RATES FOR WATER SERVICE. TOMS RIVER WATER COMPANY, RESPONDENT, v. NEW JERSEY BOARD OF PUBLIC UTILITY COMMISSIONERS, APPELLANT.

The Supreme Court of New Jersey.

Decided March 11, 1980.


Attorney(s) appearing for the Case

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for appellant (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel).

Alfred L. Nardelli, Deputy Public Advocate, argued the cause for respondent Public Advocate (Stanley C. Van Ness, Public Advocate, attorney; Anne S. Babineau, Assistant Deputy Public Advocate, and Alfred L. Nardelli, on the briefs).

William C. Davis argued the cause for respondent Toms River Water Company (Davis & Reberkenny, attorneys; John S. Fields and William D. Lavery, Jr., on the briefs).


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

Last Term, our decision in In re Lambertville Water Co., 79 N.J. 449 (1979), raised but declined to resolve the issue whether the Board of Public Utility Commissioners (Board) may give retroactive effect to an approved increase in a utility's rates. See id. at 457. We now address that issue. A second, related question before us is whether a utility's application for...

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