IN RE PETITION OF NJ AMERICAN WATER CO.


777 A.2d 46 (2001)

169 N.J. 181

In the Matter of PETITION OF NEW JERSEY AMERICAN WATER COMPANY, INC., FOR AN INCREASE IN RATES FOR WATER AND SEWER SERVICE AND OTHER TARIFF MODIFICATIONS.

Supreme Court of New Jersey.

Decided July 25, 2001.


Attorney(s) appearing for the Case

Blossom A. Peretz, Ratepayer Advocate, and Andrew K. Dembia, Deputy Ratepayer Advocate, argued the cause for appellant, Division of the Ratepayer Advocate (Ms. Peretz, attorney; Mr. Dembia, Robert J. Brabston and Diane Schulze, Assistant Deputies Ratepayer Advocate, on the briefs).

William D. Lavery, Jr., Cherry Hill, argued the cause for respondent New Jersey American Water Company, Inc. (Cozen and O'Connor, attorneys; William D. Hogan, on the brief).

Carla Vivian Bello, Senior Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).


The opinion of the Court was delivered by VERNIERO, J.

This appeal involves a final decision of the Board of Public Utilities (BPU) in respect of a rate petition filed by the New Jersey American Water Company (American Water). Within the context of that petition, the Division of the Ratepayer Advocate (Ratepayer Advocate) challenges the policy of the BPU that permits a utility to include half of its charitable contributions...

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