IN RE PENNICHUCK WATER WORKS, INC.

No. 2009-274.

992 A.2d 740 (2010)

Appeal of PENNICHUCK WATER WORKS, INC. and another (New Hampshire Public Utilities Commission).

Supreme Court of New Hampshire.

Opinion Issued: March 25, 2010.


Attorney(s) appearing for the Case

Upton & Hatfield, LLP, of North Conway (Robert Upton, II and Justin C. Richardson, on the brief and orally), and James M. McNamee, of Nashua, by brief, for the petitioner.

McLane, Graf, Raulerson & Middleton, P.A., of Concord (Thomas J. Donovan and another, on the brief, and Mr. Donovan orally), and Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., of Chattanooga, TN (Joe A. Conner and Misty Smith Kelley, on the brief, and Mr. Conner orally), for the respondents.

Ransmeier & Spellman, P.C., of Concord (John T. Alexander and Daniel J. Mullen, on the brief), for intervenor Anheuser-Busch.

Barbara A.M. Maloney, P.L.L.C., of Auburn (Richard J. Maloney, on the brief), for intervenor Business & Industry Association of New Hampshire.

Wadleigh, Starr & Peters, P.L.L.C., of Manchester (Stephen J. Judge and Pierre A. Chabot, on the brief, and Mr. Judge orally), for intervenor Merrimack Valley Regional Water District.

Boutin & Altieri, P.L.L.C., of Londonderry (Edmund J. Boutin, on the brief), for intervenor Town of Merrimack.

Mitchell Municipal Group, P.A., of Laconia (Laura A. Spector, on the memorandum of law), for intervenor Town of Pittsfield.


DALIANIS, J.

Respondent Pennichuck Water Works (PWW) appeals an order of the New Hampshire Public Utilities Commission (PUC) approving the petition filed by the petitioner, City of Nashua (City), in which the City sought to acquire PWW and its affiliates, respondents Pennichuck East Utilities (Pennichuck East) and Pittsfield Aqueduct, Inc. (Pittsfield Aqueduct) (collectively, the Utilities). In approving the City's petition against PWW, the PUC found that the Utilities...

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