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SHEA v. BOSTON EDISON COMPANY

431 Mass. 251 (2000)

WILLIAM E. SHEA & others v. BOSTON EDISON COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 19, 2000.

Attorney(s) appearing for the Case

Walter H. McLaughlin, Jr. (David L. Klebanoff with him) for the plaintiffs.

Daniel J. Hammond, Assistant Attorney General, for Department of Telecommunications and Energy & another.

Carl Valvo for Massachusetts Technology Park Corporation.

William S. Stowe, for Boston Edison Company & others, was present but did not argue.

Robert P. Rodophele, Gerald J. Caruso, & Carlene A. Pennell, for Municipal Electric Association of Massachusetts, Inc., were present but did not argue.

Harold Hestnes, Daniel W. Halston, Colleen E. Dunham, Doron Ezickson, & Paige Graening, for Massachusetts Electric Company & others, submitted a brief.

Carol Lee Rawn, for Conservation Law Foundation, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, IRELAND, SPINA, & COWIN, JJ.

GREANEY, J.

The plaintiffs, eight customers of electric companies that are privately investor-owned utilities (IOUs), which operate for-profit, brought this action in the Supreme Judicial Court for Suffolk County seeking a declaratory judgment and other relief against the defendants, the eight electric companies that provide them with their electricity, and against the Department of Telecommunications and Energy (department), the Division of Energy Resources (division...

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