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FITCHBURG GAS & ELEC. LIGHT v. DEPT. OF PUB. UTILS.

395 Mass. 836 (1985)

483 N.E.2d 76

FITCHBURG GAS AND ELECTRIC LIGHT COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES & others (and three companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

September 12, 1985.

Attorney(s) appearing for the Case

Nicholas J. Scobbo, Jr., for Massachusetts Municipal Wholesale Electric Company.

Paul K. Connolly, Jr., for Fitchburg Gas & Electric Light Co.

Michael F. Donlan (James M. Avery & Eric J. Krathwohl with him) for Canal Electric Company.

Thomas G. Robinson (Frederic E. Greenman & John F. Sherman, III, with him) for New England Power Company.

Thomas A. Barnico, Assistant Attorney General, for Department of Public Utilities.

Jeffrey M. Bernstein (Charles Harak with him) for Coalition for Municipal Ratepayers' Rights, intervener.

Douglas I. Foy for The Conservation Law Foundation of New England, Inc., intervener.

David A. Tibbetts, for Executive Office of Energy Resources, intervener, submitted a brief.

David B. Broughel, C. Duane Blinn, Allan B. Taylor & Robert J. Yamin, for New England Power Pool Executive Committee, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.

HENNESSEY, C.J.

We review, on reservation and report by a single justice of this court, consolidated appeals by Fitchburg Gas and Electric Light Company (Fitchburg), New England Power Company (New England), Canal Electric Company (Canal), and Massachusetts Municipal Wholesale Electric Company (MMWEC) from an order by the Department of Public Utilities (department).2 In that April 4, 1985, order...

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