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MASSACHUSETTS ELECTRIC COMPANY v. DEPARTMENT OF PUBLIC UTILITIES

Nos. SJC-11526, SJC-11527, SJC-11528.

469 Mass. 553 (2014)

MASSACHUSETTS ELECTRIC COMPANY & another v. DEPARTMENT OF PUBLIC UTILITIES. NSTAR ELECTRIC COMPANY v. DEPARTMENT OF PUBLIC UTILITIES. WESTERN MASSACHUSETTS ELECTRIC COMPANY v. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

September 4, 2014.

Attorney(s) appearing for the Case

Robert J. Keegan ( Cheryl M. Kimball with him) for NSTAR Electric Company & another.

David S. Rosenzweig ( Erika J. Hafner & Michael J. Koehler with him) for Massachusetts Electric Company & another.

Christopher K. Barry-Smith , Assistant Attorney General, for Department of Public Utilities.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

GANTS, J.

Three utility companies (utilities) challenge orders entered against them by the Department of Public Utilities (department) that impose monetary penalties for failing to "restore service to [their] customers in a safe and reasonably prompt manner," in violation of 220 Code Mass. Regs. § 19.03(3) (2010), after electrical outages arising from Tropical Storm Irene (Irene) on August 28, 2011, and a snowstorm two months later on October 29 (October snowstorm...

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