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GREENWOOD v. NEW HAMPSHIRE PUBLIC UTILITIES COM'N

No. 07-2322.

527 F.3d 8 (2008)

Jenny M. GREENWOOD, Executor of the ESTATE OF Alden T. GREENWOOD, Plaintiff, Appellee. v. NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 15, 2008.

Attorney(s) appearing for the Case

Mary E. Maloney, Assistant Attorney General, New Hampshire Department of Justice, with whom Kelly A. Ayotte, Attorney General, was on brief for appellant.

Thomas J. Donovan with whom Sarah B. Knowlton, Joel T. Emlen, and McLane, Graf, Raulerson & Middleton, Professional Association were on brief for appellee.

Before LYNCH, Circuit Judge, TASHIMA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

This case was brought by the owner of a small renewable hydroelectricity producing company, Alden Greenwood, who in 2006 sued the New Hampshire Public Utilities Commission ("PUC") over an order the PUC had issued more than seventeen years earlier in May of 1988 (and declined to reconsider in later orders). The PUC said it issued the order under section 210 of the Public Utility Regulatory Policies Act ("PURPA" or "the Act") of 1978, 16 U.S.C...

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