VERIZON NEW ENGLAND v. MAINE PUBLIC UTIL. COM'N

No. 06-2151.

509 F.3d 13 (2007)

VERIZON NEW ENGLAND, INC., Plaintiff, Appellant, v. MAINE PUBLIC UTILITIES COMMISSION; Stephen L. Diamond, in his official capacity as Commissioner of the Maine Public Utilities Commission; Sharon M. Reishus, in her official capacity as Commissioner of the Maine Public Utilities Commission; Kurt W. Adams, in his official capacity as Commissioner of the Maine Public Utilities Commission, Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 20, 2007.


Attorney(s) appearing for the Case

William D. Hewitt, Catherine R. Connors, Pierce Atwood LLP, Portland, ME, Scott H. Angstreich, Kelly P. Dunbar, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, Bruce P. Beausejour, Verizon New England Legal Department, Donald W. Boecke, Verizon Communications, Boston, MA, for Plaintiff, Appellant.

Andrew S. Hagler, Maine State Public Utilities Comm., Augusta, ME, for Maine Public Utilities Commission, Stephen L. Diamond, In His Official Capacity as Commissioner of the Maine Public Utilities Commission, Sharon M Reishus, in her Official Capacity as Commissioner of the Maine Public Utilities Commission, and Kurt W. Adams, in His Official Capacity as Commissioner of the Maine Public Utilities Commission.

Trina M. Bragdon, for Stephen L. Diamond, in his Official Capacity as Commissioner of the Maine Public Utilities Commission, Sharon M Reishus, in her Official Capacity as Commissioner of the Maine Public Utilities Commission, and Kurt W. Adams, in His Official Capacity as Commissioner of the Maine Public Utilities Commission.

Frederick S. Samp, Bangor Hydro Electric Co., Bangor, ME, Russell M. Blau, Philip J. Macres, Commonwealth Telephone Co., Joshua M. Bobeck, Washington, DC, Rebecca S. Webber, Linnell, Choate & Webber, Auburn, ME, David S. Rosenzweig, Keegan Werlin LLP, Boston, MA, for Kurt W. Adams, in His Official Capacity as Commissioner of the Maine Public Utilities Commission.

Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.


ORDER ON REHEARING

PER CURIAM.

Verizon New England has petitioned for rehearing in No. 06-2151, one of the two cases addressed in our single decision of September 6, 2007. Verizon asks that we alter our judgment to delete our direction to the district court to make a primary jurisdiction referral to the FCC. Verizon proposes instead that the district court decision be vacated with directions to vacate the Maine PUC orders, leaving the Maine PUC free (as...

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