BOSTON GAS COMPANY v. DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY


436 Mass. 233 (2002)

BOSTON GAS COMPANY v. DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 7, 2002.


Attorney(s) appearing for the Case

Robert J. Keegan (David S. Rosenzweig with him) for the plaintiff.

Pierce O. Cray, Assistant Attorney General, for the defendant.

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


COWIN, J.

This case arises out of an order by the Department of Telecommunications and Energy (department) regulating the manner in which Boston Gas Company, doing business as Keyspan Energy Delivery New England (company), switches from a "cost of service/rate of return" (COS/ROR) ratemaking model to a "performance based regulation" (PBR) model. The company appeals from an order of the department adjusting the company's proposed rates by imposing an "accumulated inefficiencies...

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