PUBLIC SERVICE CO. OF NEW HAMPSHIRE v. PATCH

Nos. 97-1759 to 97-1763, 97-1773, 97-1780, 97-1805, 97-1995 to 97-1997 and 97-2070.

136 F.3d 197 (1998)

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al., Plaintiffs, Appellees, v. Douglas L. PATCH, in his Capacity as a Member of the New Hampshire Public Utilities Commission, et al., Defendants, Appellees, CABLETRON SYSTEMS, INC., et al., Applicants for Intervention, Appellants.

United States Court of Appeals, First Circuit.

Decided February 3, 1998.


Attorney(s) appearing for the Case

Steven S. Rosenthal, with whom Jeffery A. Tomasevich, Morrison & Foerster, LLP, F. Anne Ross, F. Anne Ross, P.C., John J. Ryan, Casassa and Ryan, Michael W. Holmes, James R.M. Anderson, Peter H. Grills, David E. Crawford, O'Neill, Grills & O'Neill, PLLP and Thomas I. Arnold III were on consolidated brief, for all appellants.

Peter H. Grills, with whom David E. Crawford, O'Neill, Grills & O'Neill, PLLP and Thomas I. Arnold III, Assistant City Solicitor, were on brief, for appellant City of Manchester.

Philip T. McLaughlin and Martin P. Honigberg on brief, for the State of New Hampshire, amicus curiae.

Evelyn R. Robinson on brief, for Ohio Consumers' Counsel and National Ass'n of State Consumer Advocates, amici curiae.

Dennis Lane, with whom Michael E. Tucci and Morrison & Hecker, LLP were on brief, for defendants-appellees.

Allan B. Taylor, with whom John B. Nolan, Gary M. Becker, and Day, Berry & Howard were on brief, for plaintiffs-appellees.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and TAURO, District Judge.


SELYA, Circuit Judge.

After the New Hampshire Public Utilities Commission (PUC) formulated a plan to inject retail competition into the New Hampshire electric power market, Public Service Company of New Hampshire (PSNH) filed suit against the PUC's members, seeking to block inauguration of the plan. Several parties moved to intervene pursuant to Fed. R.Civ.P. 24. Not all succeeded. Six disappointed would-be intervenors appeal from the denial of intervention.

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