APPEAL OF PUBLIC SERV. CO. OF N.H.

No. 84-140.

125 N.H. 46 (1984)

APPEAL OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (New Hampshire Public Utilities Commission).

Supreme Court of New Hampshire.

June 12, 1984.


Attorney(s) appearing for the Case

Sulloway, Hollis & Soden, of Concord (Martin L. Gross and Margaret H. Nelson on the brief, and Mr. Gross orally), for Public Service Company of New Hampshire.

Gerald M. Eaton, of Concord, by brief and orally, for The Community Action Program Belknap-Merrimack Counties, Inc.

Michael W. Holmes, of Concord, by brief and orally, as Consumer Advocate.

Backus, Shea & Meyer, of Manchester (Robert A. Backus on the brief and orally), for the Seacoast Anti-Pollution League.

Douglas I. Foy and Armond M. Cohen, of Boston, Massachusetts (Mr. Foy and Mr. Cohen on the brief, and Mr. Foy orally), for the Conservation Law Foundation of New England, Inc.

Larry S. Eckhaus, of Derry, by brief and orally, for the Campaign for Ratepayers' Rights, as amicus curiae.

Shaines, Madrigan & McEachern, of Portsmouth, and Sharon A. Spickler, of Dover (Paul McEachern and Ms. Spickler on the brief, and Mr. McEachern orally), for Paul McEachern, as amicus curiae.


SOUTER, J.

At the request of Public Service Company of New Hampshire, the public utilities commission has transferred the following question of law to this court under RSA 365:20:

"Does RSA 378:30-a, as a matter of law, prohibit the Public Utilities Commission from allowing public utilities to recover, through rates, amounts such utilities have invested in plant construction projects that have been abandoned?"

When we accepted the transfer, we said...

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