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PETITION OF PUBLIC SERV. CO. OF N.H.

No. 87-311.

130 N.H. 265 (1988)

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

Supreme Court of New Hampshire.

January 26, 1988.

Attorney(s) appearing for the Case

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

Stephen E. Merrill, attorney general (Mr. Merrill and Larry M. Smukler, assistant attorney general, on the brief, and Mr. Smukler orally), for the State.

Michael W. Holmes and Joseph W. Rogers, of Concord (Mr. Holmes and Mr. Rogers on the brief, and Mr. Holmes orally), for the Office of the Consumer Advocate.

Hinkley & Hahn, of Manchester (Robert C. Hinkley & a. on the brief, and Mr. Hinkley orally), for the Campaign for Ratepayers' Rights.

Michael B. King, of Portsmouth, by brief for Mary P. Chambers, House Minority Leader, as amicus curiae.

BATCHELDER, J.

This interlocutory transfer, filed by the New Hampshire Public Utilities Commission (PUC or commission) pursuant to RSA 365:20, raises the issue of the constitutionality of applying RSA 378:30-a to the fixing of electric utility rates in an emergency rate proceeding. The commission reserved, certified, and transferred three questions of law which are set forth in the discussion below. We answer all three questions in the negative, and hold that RSA...

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