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APPEAL OF ASS'N OF N.H. UTILITIES

Nos. 81-481, 82-001, 82-006.

122 N.H. 770 (1982)

APPEAL OF THE ASSOCIATION OF NEW HAMPSHIRE UTILITIES APPEAL OF GAS SERVICE, INC. (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

September 3, 1982.

Attorney(s) appearing for the Case

Ransmeier & Spellman, of Concord (Dom S. D'Ambruoso on the brief and orally), for the Association of New Hampshire Utilities.

Orr & Reno P.A., of Concord (Charles H. Toll, Jr., and Thomas C. Platt, III, on the brief, and Mr. Platt orally), for Gas Service, Inc.

New England Legal Foundation, of Boston, Massachusetts (Marcia Drake Seeler on the brief), by brief for the Business and Industry Association of New Hampshire, as amicus curiae.

Gregory H. Smith, attorney general (Ronald F. Rodgers, attorney, on the brief and orally), for the State.

DOUGLAS, J.

The issue in this case is whether the public utilities commission (PUC) may assess public utilities for the "allowable expenses" of the Governor's Council on Energy (GCOE). We hold that the PUC may not recover these expenses.

RSA 363-A:1 (Supp. 1981) provides that the "public utilities commission shall annually . . . ascertain the total of its expenses during such year incurred in the performance of its duties relating to public utilities . . ...

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