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TARIFF FILING OF NEW ENGLAND TEL. & TEL. CO.

No. 84-517.

505 A.2d 680 (1986)

TARIFF FILING OF NEW ENGLAND TELEPHONE & TELEGRAPH COMPANY Re: Rate Change Based Upon Depreciation Represcription.

Supreme Court of Vermont.

January 24, 1986.

Attorney(s) appearing for the Case

Christopher M. Bennett, Boston, Mass., and Miller, Eggleston & Rosenberg, Ltd., Burlington, for plaintiff-appellee.

Gerald R. Tarrant and Michael J. Marks, Directors for Public Advocacy, and Sienna P. Walton, Sp. Counsel, Montpelier, for defendant-appellant.

Before HILL, PECK, GIBSON and HAYES, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

GIBSON, Justice.

The Department of Public Service (Department) appeals an order of the Public Service Board (Board) issued September 21, 1984 granting a $3,253,000 rate increase to New England Telephone & Telegraph Company (NET). The Department contends that the procedure followed by the Board in granting the rate increase constituted selective updating, a forbidden ratemaking procedure. We agree, and accordingly reverse.

On May 18, 1984 NET filed a request...

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