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MASSACHUSETTS ELECTRIC CO. v. DEPARTMENT OF UTILITIES

419 Mass. 239 (1994)

MASSACHUSETTS ELECTRIC COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

December 22, 1994.

Attorney(s) appearing for the Case

Peter G. Flynn for Massachusetts Electric Company.

John A. DeTore (Alan K. Posner with him) for National Coal Association.

Pierce O. Cray, Assistant Attorney General, for Department of Public Utilities.

James K. Brown (Michael I. Joachim with him) for the intervener.

The following submitted briefs for amici curiae:

Mary E. Cotter & William S. Stowe for Boston Edison Company.

Philip M. Small, of Connecticut, & Stephen Klionsky for Western Massachusetts Electric Company.

Stephen S. Ostrach & Todd S. Brilliant for Massachusetts Business Roundtable.

Daniel W. Allegretti & Peter W. Brown, of New Hampshire, for New England Cogeneration Association.

Robert H. Russell, 3d, for Conservation Law Foundation & others.

Present: LIACOS, C.J., WILKINS, ABRAMS, & LYNCH, JJ.

WILKINS, J.

These consolidated appeals, before us on a single justice's reservation and report of challenges to an adjudicatory decision of the Department of Public Utilities (department), concern the lawfulness of certain conditions that the department has established for determining what source or sources an electric utility must select when seeking the generation of additional electric power. In general terms, the department requires consideration in the selection...

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