PUBLIC SERVICE CO. OF NEW HAMPSHIRE v. PATCH

No. 99-1754.

202 F.3d 29 (2000)

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al., Plaintiffs, Connecticut Valley Electric Company and Central Vermont Public Service Corporation, Intervenors, Appellees, v. Douglas L. PATCH, Chairman of the State of New Hampshire Public Utilities Commission, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 24, 2000.


Attorney(s) appearing for the Case

Michael E. Tucci, with whom Steven K. White, Morrison & Hecker L.L.P. and Gary Epler, General Counsel, New Hampshire Public Utilities Commission, were on brief for defendants, appellants Douglas L. Patch, Susan S. Geiger and Nancy Brockway, Chairman and Commissioners of the State of New Hampshire Public Utilities Commission.

Lee A. Freeman, Jr. with whom John F. Kinney, James T. Malysiak, Glynna W. Freeman, Freeman, Freeman & Salzman, P.C., Joseph M. Kraus, Senior Vice President and General Counsel, Central Vermont Public Service Corporation, Dom S. D'Ambruoso, John T. Alexander and Ransmeier & Spellman were on brief for intervenors, appellees Connecticut Valley Electric Company and Central Vermont Public Service Corporation.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.


BOUDIN, Circuit Judge.

This appeal is a sequel to prior litigation growing out of the same district court proceeding.1 Once again, the issues relate to interim matters; the merits have not yet been decided in the district court. To avoid repetition, familiarity with our prior decisions is assumed; and we confine ourselves to a bare-bones summary limited to events necessary for this appeal.

In 1997, acting under recently enacted...

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