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APPEAL OF NEW ENGLAND POWER CO.

No. 80-396.

120 N.H. 866 (1980)

APPEAL OF NEW ENGLAND POWER COMPANY (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

December 23, 1980.

Attorney(s) appearing for the Case

Orr & Reno, of Concord (Richard B. Couser orally), for New England Power Company.

Francis X. Bellotti, attorney general (Alan B. Sherr, assistant attorney general, orally), for the Commonwealth of Massachusetts.

Dennis J. Roberts, II, attorney general (John R. McDermott, special assistant attorney general, orally), for the State of Rhode Island.

Edward F. Burke, administrator (John R. McDermott, special assistant attorney general, orally), for the Rhode Island Division of Public Utilities and Carriers.

Steven D. Stark, by brief for the amicus curiae Conservation Law Foundation of New England.

Barto & Gfroerer, of Concord, and Spiegel & McDiarmid, of Washington, D.C., by brief for the amicus curiae Unaffiliated Massachusetts Municipal Wholesale Customers of New England Power Company.

Gregory H. Smith, acting attorney general (David W. Jordan, assistant attorney general, orally), for the State of New Hampshire.

William L. Shaine, of Concord, by brief and orally, for the Legislative Utility Consumers' Council.

Sulloway, Hollis & Soden, of Concord, by brief for the amicus curiae Public Service Company of New Hampshire.

DOUGLAS, J.

This case involves the validity of an order of the New Hampshire Public Utilities Commission (hereinafter "PUC") pursuant to RSA 374:35 withdrawing from the New England Power Company (hereinafter "NEPCO") permission to transmit hydroelectricity generated in New Hampshire to other States. We affirm the order and remand.

On November 21, 1979, the PUC instituted an investigation under RSA 374:35 to determine whether it should revoke its earlier approval...

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