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BOSTON EDISON CO. v. DEPARTMENT OF PUBLIC UTILITIES

417 Mass. 458 (1994)

631 N.E.2d 33

BOSTON EDISON COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 8, 1994.

Attorney(s) appearing for the Case

Douglas S. Horan (Roscoe Trimmier, Jr., with him) for the plaintiff.

Robert J. Munnelly, Jr., Assistant Attorney General, for the defendant.

John A. DeTore (Alan K. Posner with him) for the intervener.

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

WILKINS, J.

The plaintiff (Edison) has appealed (G.L.c. 25, § 5 [1992 ed.]) from a decision of the Department of Public Utilities (department), issued on June 25, 1993, in D.P.U. 92-130, in which the department rejected Edison's request to be relieved from a previously imposed requirement that it enter into a contract to purchase power from a nonutility generator. Edison argues that the department's decision must be set aside, asserting that, if implemented,...

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