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MATTER OF PETITION OF VALLEY ROAD SEWERAGE CO.

285 N.J. Super. 202 (1995)

666 A.2d 992

IN THE MATTER OF THE PETITION OF VALLEY ROAD SEWERAGE COMPANY FOR APPROVAL OF AN INCREASE IN ITS RATES FOR SEWER SERVICE.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1995.

Attorney(s) appearing for the Case

Michael E. Rodgers argued the cause for appellant Valley Road Sewerage Company (Pinto, Rodgers & Kopf, attorneys; Mr. Rodgers, on the brief).

Sarah H. Steindel, Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities (Deborah T. Poritz, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, and Elise W. Goldblat, Deputy Attorney General, of counsel; Ms. Steindel, on the brief).

Frank N. Yurasko argued the cause for respondent Township of Hillsborough (Mr. Yurasko, on the brief).

Menasha J. Tausner, Deputy Public Advocate, argued the cause for respondent Division of Ratepayer Advocate (Frances I. Sundheim, Acting Director, attorney; Ms. Tausner, on the brief).

Before Judges BAIME, VILLANUEVA and KIMMELMAN.

The opinion of the court was delivered by BAIME, J.A.D.

This appeal presents questions of public concern. At issue is whether the Board of Regulatory Commissioners (now the Board of Public Utilities) (Board) may deny or curtail rate relief to a public utility based upon that utility's failure to furnish adequate service. We hold that the Board may deny a rate increase because of a utility's poor performance over an extended period of time notwithstanding the fact...

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