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APPEAL OF VICON RECOVERY SYSTEMS, INC.

No. 87-364 No. 86-505.

130 N.H. 801 (1988)

APPEAL OF VICON RECOVERY SYSTEMS, INC. AND APPEAL OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

August 8, 1988.

Attorney(s) appearing for the Case

Brown, Olson & Wilson, of Concord (Robert A. Olson and Rose L. Duggan on the brief, and Ms. Duggan orally), for Vicon Recovery Systems, Inc.

Sulloway, Hollis & Soden, of Concord (Margaret H. Nelson on the brief and orally), for Public Service Company of New Hampshire.

Stephen E. Merrill, attorney general (Monica A. Ciolfi, attorney, on the brief), by brief for the State, as amicus curiae.

BATCHELDER, J.

The public utilities commission (the commission) issued a conditional long-term rate order to Vicon Recovery Systems, Inc. (Vicon) for electricity to be produced by a proposed municipal solid waste facility in Manchester. After further proceedings before both this court and the commission, the commission found that Vicon had failed to meet the conditions specified in the rate order and rescinded it. Vicon appeals the commission's decision to rescind...

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