IN RE MURPHY

No. A-4758-10T2

45 A.3d 386 (2012)

426 N.J. Super. 423

In the Matter of the Petition of Richard G. MURPHY II, for Mandatory Relief for Public Service Electric and Gas Company's Overcollection of "Stranded Cost" Surcharges Pursuant to N.J.S.A. 48:3-61.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 2012.


Attorney(s) appearing for the Case

Daniel J. Sponseller of the Pennsylvania bar, admitted pro hac vice, argued the cause for appellant Richard G. Murphy II ( Michael J. Breslin, Jr. , Robert F. Williams , and Mr. Sponseller , attorneys; Mr. Breslin , Mr. Williams , and Mr. Sponseller , on the brief). Matthew M. Weissman argued the cause for respondent Public Service Electric and Gas Company.

Carolyn McIntosh , Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities ( Jeffrey S. Chiesa , Attorney General, attorney; Andrea M. Silkowitz , Assistant Attorney General, of counsel; Ms. McIntosh , Caroline Vachier , and Babette Tenzer , Deputy Attorneys General, on the brief).

Before Judges MESSANO, YANNOTTI and ESPINOSA.


The opinion of the court was delivered by

YANNOTTI, J.A.D.

Richard G. Murphy II (Murphy) appeals from a final determination of the Board of Public Utilities (Board), which denied his petition for relief from certain charges imposed upon ratepayers by Public Service Electric and Gas Company (PSE & G) pursuant to the Electric Discount and Energy Competition Act (EDECA), N.J.S.A. 48:3-49 to -98.4. We affirm.

I.

EDECA was enacted in...

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