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IN RE TARIFF FILING OF CVPS

No. 98-214.

769 A.2d 668 (2001)

In re TARIFF FILING OF CENTRAL VERMONT PUBLIC SERVICE CORPORATION.

Supreme Court of Vermont.

February 9, 2001.

Attorney(s) appearing for the Case

Robert A. Mello and John H. Klesch (On the Brief), South Burlington, for Appellant Central Vermont Public Service Corp.

James Volz, Director for Public Advocacy, and Aaron Adler, Special Counsel, Montpelier, for Appellee Department of Public Service.

Trevor R. Lewis of Primmer & Piper, P.C., Montpelier, for Amicus Curiae Vermont Public Power Supply Authority.

Present: AMESTOY, C.J., DOOLEY, MORSE and SKOGLUND, JJ., and ZIMMERMAN, D.J., Specially Assigned.

DOOLEY, J.

Central Vermont Public Service Corporation (CVPS) brings this interlocutory appeal from a decision of the Public Service Board holding that it may consider in a rate case whether the cost of power CVPS purchases from Hydro-Quebec (HQ) may be excluded, in whole or in part, from expenses covered by utility rates. CVPS argues that the Board was precluded under principles of res judicata, collateral estoppel or equitable...

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