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NEW ENGLAND TEL. & TEL. v. PUBLIC UTILITIES

No. 83-1779.

742 F.2d 1 (1984)

NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, etc., Plaintiff, Appellee, v. PUBLIC UTILITIES COMMISSION OF MAINE, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 29, 1984.

Rehearing Denied September 10, 1984.

Attorney(s) appearing for the Case

William E. Furber, Augusta, Me., with whom Charles F. Dingman, Cushing P. Samp, Joseph G. Donahue, Augusta, Me., Peter L. Murray, and Murray, Plumb & Murray, Portland, Me., were on brief, for defendants, appellants.

Francis X. Bellotti, Atty. Gen., and Charles R. Peck, Asst. Atty. Gen., Com. of Mass., Utilities Div., Public Protection Bureau, Boston, Mass., on brief for the Atty. Gen., Com. of Mass., amicus curiae.

Robert A. Lewis, Boston, Mass., with whom Ralph I. Lancaster, Jr., Everett P. Ingalls, and Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Me., were on brief, for New England Tel. and Tel. Co.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and GIERBOLINI, District Judge.

BREYER, Circuit Judge.

In this case a private party seeks to enforce a decision of the Federal Communications Commission against a recalcitrant state utilities commission. The FCC promulgated a rule that required state public utility commissions to follow a certain method for calculating depreciation of telephone company equipment. The Public Utilities Commission of Maine (the "P.U. C.") evidently ignored the FCC rule. The private party, namely the New England Telephone...

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