IN RE N.H.P.U.C. STATEWIDE ELEC. UTIL. RESTRUCTURING PLAN

No. 98-114.

143 N.H. 233 (1998)

IN RE NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION STATEWIDE ELECTRIC UTILITY RESTRUCTURING PLAN

Supreme Court of New Hampshire.

December 23, 1998.


Attorney(s) appearing for the Case

Sulloway & Hollis, P.L.L.C., of Concord (Martin L. Gross on the brief and orally), Day, Berry & Howard LLP, of Hartford, Connecticut (Allan B. Taylor on the brief), and Robert A. Bersak, assistant general counsel of Public Service Company of New Hampshire, of Manchester, by brief, for Public Service Company of New Hampshire.

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

Michael W. Holmes, consumer advocate (Mr. Holmes and James R. Anderson, assistant consumer advocate, on the brief), for Office of Consumer Advocate.

O'Neill, Grills & O'Neill, P.L.L.P. of St. Paul, Minnesota (Peter H. Grills & a. on the brief) and Thomas I. Arnold, III, assistant city solicitor, by brief, for the City of Manchester.

Philip T. McLaughlin, attorney general (Martin P. Honigberg, senior assistant attorney general, on the brief and orally) and Foley, Hoag & Eliot, LLP, of Boston, Massachusetts (James K. Brown on the brief), for the State.

Morrison & Foerster LLP, of Washington, D.C. (Robert H. Loeffler on the brief and orally) for Cabletron Systems, Inc. & a.


THAYER, J.

This is an interlocutory transfer without ruling requested by the New Hampshire Public Utilities Commission (PUC) pursuant to RSA 365:20 (1995) and Supreme Court Rule 9. The questions presented, as modified at a pre-hearing evaluation conference, are as follows:

1. Does Public Service Company of New Hampshire have any rights under the Rate Agreement and/or RSA chapter 362-C which must be recognized by the public utilities commission in establishing...

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