PENPAC v. PASSAIC COUNTY UTILITIES


843 A.2d 1153 (2004)

367 N.J. Super. 487

PENPAC, INC., Plaintiff-Appellant/Cross-Respondent, v. PASSAIC COUNTY UTILITIES AUTHORITY, Defendant-Respondent/Cross-Appellant. In the Matter of the Petition of the Passaic County Utilities Authority for a Declaratory Ruling Regarding the Continuing Obligation of Penpac, Inc., to Provide Transfer Station Services and Rates for Services.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 2004.


Attorney(s) appearing for the Case

Robert J. Beacham, Hillsborough, attorney for appellant/cross-respondent.

McManimon & Scotland, attorneys for respondent/cross-appellant Passaic County Utilities Authority (Jeffrey G. Kramer, Newark, of counsel and on the brief).

Peter C. Harvey, Attorney General, attorney for respondent Department of Environmental Protection (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Susan J. Vercheak, Deputy Attorney General, on the brief).

Before Judges STERN, LEFELT and PAYNE.


The opinion of the court was delivered by LEFELT, J.A.D.

PENPAC, Inc., a New Jersey public utility, provided solid waste transfer station operations and transportation services for the Passaic County Utilities Authority (PCUA). PENPAC appeals and PCUA cross-appeals from the final decision of the Commissioner of the Department of Environmental Protection (DEP) awarding PENPAC $3,238,792 as compensation for an under-recovery incurred through interim rates PENPAC had...

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