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APPEAL OF THE CITY OF NASHUA

No. 80-384

121 N.H. 874 (1981)

APPEAL OF THE CITY OF NASHUA (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire

October 7, 1981

Attorney(s) appearing for the Case

H. Philip Howorth, corporation counsel, by brief and orally, for the City of Nashua.

Gallagher, Callahan & Gartrell P.A., of Concord (John B. Pendleton on the brief and orally), for Pennichuck Water Works.

KING, C.J.

The City of Nashua (the city) appeals from an order of the public utilities commission allowing Pennichuck Water Works (Pennichuck) to remove from the rate base 1,490 acres of land at historical cost. We affirm.

For over fifty years, Pennichuck has owned a large amount of land in Nashua and elsewhere for the purpose of protecting its watershed. With the advent of the Federal Clean Water Act, and a significant additional demand for its water, Pennichuck...

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