APPEAL OF NORTHERN UTILITIES

Nos. 91-331, 91-337.

136 N.H. 449 (1992)

APPEAL OF NORTHERN UTILITIES, INC. APPEAL OF ENERGYNORTH NATURAL GAS, INC. (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

December 3, 1992.


Attorney(s) appearing for the Case

Ransmeier & Spellman, of Concord (Dom S. D'Ambruoso and R. Stevenson Upton on the brief), and LeBoeuf, Lamb, Leiby & MacRae, of Boston, Massachusetts (Elias G. Farrah and Scott J. Mueller on the brief, and Mr. Farrah orally), for Northern Utilities.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Richard A. Samuels and Mark C. Rouvalis on the brief), and Jacqueline Lake Killgore, corporate counsel, orally, for EnergyNorth Natural Gas, Inc.

John P. Arnold, attorney general (Harold T. Judd, senior assistant attorney general, on the brief and orally), and Amy L. Ignatius, general counsel for New Hampshire Public Utilities Commission, on the brief, for the State as amicus curiae.

American Gas Association (Miriam Swydan Pedersen and David J. Muchow on the brief), by brief as amicus curiae.


THAYER, J.

Northern Utilities, Inc. (Northern) and EnergyNorth Natural Gas, Inc. (EnergyNorth) appeal from orders of the New Hampshire Public Utilities Commission (PUC), in which the PUC determined that certain costs would not be "passed through" to retail natural gas consumers (ratepayers). The PUC ordered both Northern and EnergyNorth to absorb 40 percent of these costs, while allowing 60 percent of the costs to be passed...

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