CITY OF HOLYOKE GAS & ELEC. DEPT. v. S.E.C.

Nos. 91-1001, 91-1091, 91-1092, 91-1132 and 91-1220.

972 F.2d 358 (1992)

CITY OF HOLYOKE GAS & ELECTRIC DEPARTMENT, et al., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, Northeast Utilities and Northeast Utilities Service Company, State of New Hampshire and the New Hampshire Public Utilities Commission, Littleton Electric Light & Water Department, State of Connecticut Department of Public Quality Control, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1992.

As Amended August 31, 1992.


Attorney(s) appearing for the Case

David J. Bardin, with whom Marilyn D. Sonn and Steven R. Miles, Washington, D.C., for City of Holyoke Gas and Elec. Dept., Mary Anne Sullivan, Washington, D.C., and Mitchell M. Tannenbaum, Augusta, Me., for Maine Public Utilities Com'n, Harvey L. Reiter and Kathleen L. Mazure, Washington, D.C., for Vermont Department of Public Service, Alan J. Roth and Scott H. Strauss, Washington, D.C., for Massachusetts Mun. Wholesale Elec. Co., and John P. Coyle, Washington, D.C., for Boylston Mun. Light Dept., et al. were on the joint brief, for petitioners in 91-1001, 91-1091, 91-1092, 91-1132, and 91-1220.

Katherine Gresham, Asst. Gen. Counsel, SEC, with whom James R. Doty, Gen. Counsel, Leslie E. Smith, Special Counsel, and Paul Gonson, Sol., Washington, D.C., were on the brief for respondent in all cases.

Allan B. Taylor, with whom John B. Keane, Hartford, Conn., for Northeast Utilities and Northeast Utilities Service Co., and Harold T. Judd, Concord, N.H., for the State of New Hampshire and New Hampshire Public Utilities Com'n were on the joint brief for intervenors in 91-1001, 91-1091, 91-1132, and 91-1220. Glen L. Ortman, Washington, D.C., also entered an appearance for intervenor.

Donald R. Allen, John P. Williams, and John P. Coyle, Washington, D.C., were on the brief for intervenor Littleton Electric Light & Water Dept. in 91-1001 and 91-1092.

Robert S. Golden, Jr., Hartford, Conn., also entered an appearance for intervenor State of Connecticut Dept. of Public Utility Control in 91-1001 and 91-1220.

Before BUCKLEY, WILLIAMS, and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Nine municipal utilities and three state agencies (hereinafter collectively the Munis) petition for review of the decision of the Securities and Exchange Commission to approve the acquisition of the Public Service Company of New Hampshire (PSNH) by Northeast Utilities. The Munis argue that the SEC committed numerous errors in approving the acquisition; for the reasons...

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