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IN RE N.J. POWER & LIGHT CO.

15 N.J. 82 (1954)

104 A.2d 1

IN THE MATTER OF THE REVISION IN RATES FILED BY NEW JERSEY POWER & LIGHT COMPANY INCREASING ITS RATES FOR ELECTRIC SERVICE TO RECOUP DEFICITS FOR THE YEARS 1951, 1952 AND FIVE MONTHS ENDING JUNE 1, 1953. NEW JERSEY POWER & LIGHT COMPANY, PETITIONER-APPELLANT, v. STATE OF NEW JERSEY DEPARTMENT OF PUBLIC UTILITIES, BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENT.

The Supreme Court of New Jersey.

Decided March 29, 1954.

Attorney(s) appearing for the Case

Mr. Joseph F. Autenrieth argued the cause for the appellant (Messrs. Autenrieth & Rochester, attorneys).

Mr. Joseph Harrison argued the cause for the respondent (Mr. Wesley L. Lance, co-rate counsel; Mr. Joseph M. Jacobs, on the brief; Mr. Theodore D. Parsons, Attorney-General).

Mr. Ryman Herr appeared for the intervenors, Riegel Paper Corporation and Sanco Piece Dye Works, Inc. (Messrs. Herr & Fisher, attorneys).

The opinion of the court was delivered by VANDERBILT, C.J.

This appeal by the New Jersey Power & Light Company from a decision of the Board of Public Utility Commissioners dismissing its application for a surcharge of 5% on its newly established rates comes before us on the company's petition for certification granted by us, 14 N.J. 15 (1953).

I. THE FACTS

In October 1952 the company applied to the Board for a...

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