PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al., Plaintiffs, and
Connecticut Valley Electric Company and Central Vermont Public Service Corporation, Plaintiffs, 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.https://leagle.com/images/logo.png
Heard May 8, 2000.
Decided July 25, 2000.
Attorney(s) appearing for the Case
Gary Epler, General Counsel, New Hampshire Public Utilities Commission, with whom Michael E. Tucci, Steven K. White and Morrison & Hecker L.L.P. were on brief for defendants Douglas L. Patch, Susan S. Geiger and Nancy Brockway, Chairman and Commissioners of the State of New Hampshire Public Utilities Commission.
Philip T. McLaughlin, Attorney General, Stephen J. Judge, Associate Attorney General, Civil Bureau, James K. Brown, Kathleen O. Dias and Foley, Hoag & Eliot LLP on brief for Jeanne Shaheen, Governor of New Hampshire, Amicus Curiae.
Sarah B. Knowlton, Steven V. Camerino and McLane, Graf, Raulerson & Middleton, P.A. on joinder brief for City of Claremont, New Hampshire, Amicus Curiae.
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 corrected brief for plaintiffs Central Vermont Public Service Corporation and Connecticut Valley Electric Company.
Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.
United States Court of Appeals, First Circuit.
BOUDIN, Circuit Judge.
This appeal is the latest installment in a series growing out of New Hampshire's efforts to deregulate the electric utility industry and trim rates for customers.1 Familiarity with our prior decisions is assumed. We repeat here only those facts pertinent to the present issue.
Connecticut Valley Electric Company ("Connecticut Valley"), a small New Hampshire utility, provides retail electric service to about...
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