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IN RE PUBLIC SERVICE CO. OF NEW HAMPSHIRE

Bankruptcy No. 88-00043, Adv. No. 89-08.

99 B.R. 506 (1989)

In re PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Debtor. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Plaintiff, v. STATE OF NEW HAMPSHIRE and State of New Hampshire Public Utilities Commission, Defendants.

United States Bankruptcy Court, D. New Hampshire.

April 5, 1989.

Attorney(s) appearing for the Case

Isaac M. Pachulski, Don Willenburg, Kevin J. Burke, for Public Service Co.

Geoffrey B. Kalmus, J. Michael Deasy, for the Unsecured Creditors Committee.

Richard Tilton, for the Equity Committee.

Larry M. Smukler, Sr. Asst. Atty. Gen., Daniel J. Callaghan, for the State of N.H.

William B. Gundling, Asst. Atty. Gen., for the State of Conn.

Susan Keely, for the U.S. trustee.

George J. Wade, Barbara J. Gould, David J. Dunfey, for Citicorp and Consol. Utilities & Communications, Inc. (CUC).

Peter V. Doyle, for First Fidelity Bank and Amoskeag Bank.

Jeffrey G. Grody, for Northeast Utilities Service Co.

Ted A. Berkowitz, for First Fidelity Bank.

Robert Drain, for Shearson, Lehman, Hutton, Inc.

Peter Nils Baylor, for Bank of New England and Maryland Nat. Bank.

David W. Marshall, for NEES.

John M. Mutkoski, for Small Power Producers and Alexandria Power Bio Energy.

Sallie H. Helm, for Spear, Leeds & Kellogg.

Noel E. Hanf, for the United Illuminating Co.

PRETRIAL ORDER RE DECLARATORY RELIEF ON § 1123(a)(5) PREEMPTION ISSUE

JAMES E. YACOS, Bankruptcy Judge.

This adversary proceeding was commenced by the filing of a Complaint for Declaratory Judgment by the chapter 11 debtor on February 7, 1989. The Declaratory relief requested concerns the jurisdiction of the New Hampshire Public Utilities Commission ("NHPUC") over certain transactions provided for in the debtor...

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