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TOWN OF HINGHAM v. DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY

433 Mass. 198 (2001)

TOWN OF HINGHAM & another v. DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY; MASSACHUSETTS-AMERICAN WATER COMPANY, intervener.

Supreme Judicial Court of Massachusetts, Suffolk.

January 16, 2001.

Attorney(s) appearing for the Case

James A. Toomey, Town Counsel (James B. Lampke, Town Counsel, with him) for town of Hingham & another.

Daniel J. Hammond, Assistant Attorney General, for the defendant.

Thomas G. Tumilty, for the intervener, was present but did not argue.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, & SOSMAN, JJ.

MARSHALL, C.J.

The towns of Hingham and Hull (towns) appealed to a single justice of this court, pursuant to G. L. c. 25, § 5, from a May 31, 1996, decision of the then Department of Public Utilities2 (department). The decision allowed the Massachusetts-American Water Company3 (company) to increase base rates for all its customers, and to impose a surcharge on certain customers to recover costs associated...

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