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DEPT. OF PUBLIC SERV. v. MASS. MUN. ELEC.

No. 86-555.

558 A.2d 215 (1988)

VERMONT DEPARTMENT OF PUBLIC SERVICE v. MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC CO., et al.

Supreme Court of Vermont.

Motion for Reargument Denied January 30, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., William E. Griffin, Chief Asst. Atty. Gen., and Michael Marks, Dinah Yessne and Samuel H. Press, Sp. Asst. Attys. Gen., Montpelier, for plaintiff-appellant Dept. of Public Service.

Edward B. French, Jr., David B. Stackpole Law Offices, Stowe, for plaintiff-appellant Village of Stowe.

Michael L. Burak and Jon T. Anderson of Goldstein, Manello, Burak & Gabel, Burlington, for plaintiff-appellant Vermont Elec. Co-op.

Parker, Lamb & Ankuda, P.C., Springfield, and Daniel O. Mahoney and Jeffrey F. Jones of Palmer & Dodge, Boston, Mass., for defendant-appellee Massachusetts Mun. Wholesale Elec. Co.

Stephen C. Walke, Jr. and Ralph W. Howe, III of Paterson, Walke & Pratt, P.C., Montpelier, for defendants-appellees Washington Elec. Co-op. and Village of Ludlow, Lyndonville, Morrisville and Northfield.

Rubin, Rona, Kidney & Myer, Barre, for amicus curiae Vermont Public Interest Research Group, Inc.

McKee, Giuliani & Cleveland, Montpelier, for amicus curiae Vermont League of Cities and Towns.

Before ALLEN, C.J., PECK, J., and BARNEY, C.J. (Ret.), KEYSER, J. (Ret.) and MARTIN, Superior Judge, Specially Assigned.

ALLEN, Chief Justice.

In 1979, four Vermont municipalities and two electric cooperatives contracted with the Massachusetts Municipal Wholesale Electric Company (MMWEC) for shares of the power generating potential of its Project No. 6. This project consisted of a 6.001 percent ownership interest in two nuclear power plants to be built in Seabrook, New Hampshire. In 1985, the Vermont Department of Public Service (Department) filed a complaint in Washington Superior...

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