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BRISTOL ENERGY v. N.H. PUBLIC UTILITIES COM'N

Civ. No. 93-322-SD.

827 F.Supp. 81 (1993)

BRISTOL ENERGY CORPORATION d/b/a Alexandria Power Associates; Bio-Energy Corporation; Bridgewater Power Company, L.P.; Hemphill Power and Light Company; Pinetree Power, Inc.; Pinetree Power — Tamworth, Inc.; Timco, Inc.; and Whitefield Power and Light Company, Plaintiffs, Wheelabrator Concord Company, L.P. and Wheelabrator Claremont Company, L.P., Intervenor-Plaintiffs, American Hydro, Inc. — Peterborough, and Energy Tactics, Inc., Plaintiff-Intervenors, Avery Hydroelectric Corp.; Boston Felt Company; Briar Hydro Associates; Clement Dam Development, Inc.; Consolidated Hydro, Inc.; Errol Hydroelectric Limited Partnership; Freshwater Hydro, Inc.; Greggs Falls Hydroelectric Associates; Hadley Falls Associates; Thomas Hodgson & Sons, Inc.; Hydro-Op One Associates; Lakeport Hydroelectric Corp.; Mine Falls Partnership; Nashua Hydro Associates; New Hampshire Hydro Associates; Pembroke Hydro Associates; Paul Phillips d/b/a Exeter Hydro; Pittsfield Hydropower Co.; White Mountain Hydroelectric Corp., Plaintiff-Intervenors, v. STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION, Defendant.

United States District Court, D. New Hampshire.

July 28, 1993.

Attorney(s) appearing for the Case

Robert A. Olson and Robert A. Olson, Concord, NH, for original plaintiffs plus intervenors American Hydro and Energy Tactics.

Jay L. Hodes, Manchester, NH and Howard E. Shapiro, Washington, DC, for Wheelabrator Concord Co. L.P. and Wheelabrator Claremont Co. L.P., intervenors-plaintiffs.

James P. Bassett, Concord, NH, for 19 plaintiffs-intervenors in Avery section.

Harold T. Judd, Asst. Atty. Gen., Concord, NH, for defendant.

ORDER

DEVINE, Senior District Judge.

Plaintiffs herein seek relief from this court's order of July 20, 1993, and from the resultant judgment entered on July 21, 1993, dismissing their action for injunctive relief against defendant State of New Hampshire Public Utilities Commission (PUC) for lack of subject matter jurisdiction. Presently before the court are (1) plaintiffs' motion for relief from order and judgment...

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