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FITCHBURG GAS & ELEC. LIGHT CO. v. DEPT. OF PUB. UTIL.

375 Mass. 571 (1978)

380 N.E.2d 1304

FITCHBURG GAS AND ELECTRIC LIGHT COMPANY vs. DEPARTMENT OF PUBLIC UTILITIES.

Supreme Judicial Court of Massachusetts, Suffolk.

June 30, 1978.

Attorney(s) appearing for the Case

Gerard A. Maher of New York (Richard L. Brickley with him) for Fitchburg Gas and Electric Light Company.

John F. Hurley, Assistant Attorney General, for the Department of Public Utilities.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, WILKINS, & LIACOS, JJ.

BRAUCHER, J.

The Fitchburg Gas and Electric Light Company (Company) asserts that the Department of Public Utilities (Department), in regulating its rates, has improperly excluded from the rate base an electric generating unit known as Unit 6, and that the Department's order is confiscatory. In February, 1977, the Company sought $2,795,000 in increased annual electric revenues and $838,000 in increased annual gas revenues. Effective August 31, 1977, the Department...

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