IN RE STONYFIELD FARM, INC.

No. 2008-897.

977 A.2d 1037 (2009)

Appeal of STONYFIELD FARM, INC. and another (New Hampshire Public Utilities Commission).

Supreme Court of New Hampshire.

Opinion Issued: August 5, 2009.


Attorney(s) appearing for the Case

Sheehan Phinney Bass & Green, P.A., of Manchester (Edward A. Haffer, on the brief and orally), for the petitioners.

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Wilbur A. Glahn, III and another, on the brief, and Mr. Glahn orally), and Robert A. Bersak and Linda T. Landis, of Manchester, on the brief, for the respondent.

Kelly A. Ayotte, attorney general (K. Allen Brooks, senior assistant attorney general, on the brief and orally), for the State.

Meredith A. Hatfield, consumer advocate, on the brief, for the Office of Consumer Advocate, as amicus curiae.

Backus, Myer and Solomon, of Manchester (Robert A. Backus, on the joint brief), for Campaign of Ratepayers' Rights, as amicus curiae.

Arthur B. Cunningham, of Hopkinton, on the joint brief, for Clean Water Action, New Hampshire Sierra Club and Union of Concerned Scientists, as amici curiae.

Melissa A. Hoffer and Kristine E. Kraushaar, of Concord, on the joint brief, for Conservation Law Foundation, as amicus curiae.

Wadleigh, Starr & Peters, PLLC, of Manchester (Ronald J. Lajoie, on the joint brief), for Resident's Environmental Action Committee for Health, as amicus curiae.

Orr & Reno, PA, of Concord (Douglas L. Patch, on the brief), for TransCanada Hydro Northeast, Inc., as amicus curiae.


DALIANIS, J.

The petitioners, Stonyfield Farm, Inc., H & L Instruments, LLC, and Great American Dining, Inc., appeal a decision of the New Hampshire Public Utilities Commission (PUC) ruling that it lacks authority to determine whether installing certain technology at the Merrimack Station belonging to the respondent, Public Service Company of New Hampshire (PSNH), is in the public interest. See RSA 369-B:3-a (Supp.2008). We dismiss the appeal.

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