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BOSTON GAS CO. v. DEPARTMENT OF PUBLIC UTILITIES

405 Mass. 115 (1989)

539 N.E.2d 1001

BOSTON GAS COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

June 12, 1989.

Attorney(s) appearing for the Case

James K. Brown (Bonny E. Sweeney with him) for the plaintiff.

Lawrence Fletcher-Hill, Assistant Attorney General, for the defendant.

The following submitted briefs for amici curiae:

Roscoe Trimmier, Jr., for United Way of Massachusetts Bay & others.

Franklin M. Hundley, Eric J. Krathwohl, & Daniel R. Avery for Cambridge Electric Light Company & others.

Thomas G. Robinson for Massachusetts Electric Company.

Patrick W. Hanifin, Wayne S. Henderson & Laurence S. Fordham for New England Legal Foundation.

Present: WILKINS, LIACOS, ABRAMS, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

The Boston Gas Company (company), by this appeal from an order of the Department of Public Utilities (department), challenges those aspects of the department's 1988 rate decision that disallowed certain advertising expenses and all charitable contributions as costs of service that could be recognized in the company's rates charged to its customers. The case is before us on a reservation and report by a single justice of this court.

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