APPEAL OF PUBLIC SERV. CO. OF N.H.

No. 95-610.

141 N.H. 13 (1996)

APPEAL OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

May 13, 1996.


Attorney(s) appearing for the Case

Sulloway & Hollis, of Concord (Martin L. Gross and Edward C. Moska on the brief, and Mr. Gross orally), and Linda T. Landis, of Concord, on the brief, for Public Service Company of New Hampshire.

James T. Rodier, of Bedford, on the brief, and Dickstein, Shapiro & Morin, L.L.P., of Washington, D.C. (Frederick M. Lowther & a. on the brief, and Mr. Lowther orally), for Freedom Energy Company, LLC.

Douglas & Douglas, of Concord (Charles G. Douglas, III on the brief and orally), for Cabletron Systems, Inc. and EnerDev, Inc.

Backus, Meyer, Solomon & Rood, of Manchester (Robert A. Backus on the brief), and Joshua L. Gordon, of Concord, by brief, for Campaign for Ratepayers Rights.

LeBoeuf, Lamb, Greene & MacRae, L.L.P., of Boston, Massachusetts (Paul K. Connolly, Jr. & a. on the brief, and Scott J. Mueller orally), for Concord Electric Company, Exeter & Hampton Electric Company, and UNITIL Power Corp.

Ransmeier & Spellman, P.C., of Concord (Dom S. D'Ambruoso and John T. Alexander on the brief, and Mr. D'Ambruoso orally), for Connecticut Valley Electric Company, Inc.

Dean, Rice & Howard, P.A., of Manchester (Mark W. Dean and Timothy S. Reiniger on the brief), for New Hampshire Electric Cooperative, Inc.

Michael W. Holmes, consumer advocate, by brief and orally, for the Office of the Consumer Advocate.

Sanders and McDermott, of Hampton (Michael B. King on the brief), for Senator C. Jeanne Shaheen & a., as amici curiae.

Jeffrey R. Howard, attorney general (Wynn E. Arnold, assistant attorney general, on the brief and orally), for the State, as amicus curiae.

The Business and Industry Association of New Hampshire filed no brief.

The Conservation Law Foundation of New England, Inc., filed no brief.

Steven E. Thomas, of Westborough, Massachusetts, for Granite State Electric Company, filed no brief.

The Public Utility Policy Institute filed no brief.


THAYER, J.

Public Service Company of New Hampshire (PSNH) appeals an order of the New Hampshire Public Utilities Commission (PUC or commission) declaring that PSNH's electric utility franchise is not exclusive as a matter of law. PSNH argues that the PUC erred by failing to adhere to a longstanding pattern of statutes and court decisions favoring exclusivity, by ignoring its own administrative gloss on its statutory authority, and by exceeding the limited scope of...

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