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DEPT. OF PUB. ADVOCATE v. N.J. BD. OF PUB. UT.

206 N.J. Super. 523 (1985)

503 A.2d 331

DEPARTMENT OF THE PUBLIC ADVOCATE, DIVISION OF RATE COUNSEL, APPELLANT, v. NEW JERSEY BOARD OF PUBLIC UTILITIES AND MIDDLESEX WATER COMPANY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1985.

Attorney(s) appearing for the Case

Stephen B. Genzer, Deputy Public advocate, argued the cause for appellant (Alfred A. Slocum, Acting Public Advocate, attorney).

Richard B. McGlynn argued the cause for respondent Middlesex Water Company (Stryker, Tams & Dill, attorneys; Richard B. McGlynn, of counsel; Mark L. Mucci, on the brief).

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for respondent Board of Public Utilities (Irwin I. Kimmelman, Attorney General, attorney).

Before Judges MORTON I. GREENBERG, J.H. COLEMAN and LONG.

The opinion of the court was delivered by LONG, J.A.D.

On this appeal the Public Advocate, Division of Rate Counsel (Public Advocate) challenges a decision of the Board of Public Utilities (Board) altering the terms of a settlement agreement which had resolved the issues in a pending rate case. Because we have concluded that Public Advocate's challenge is meritorious and that the decision of the Board was arbitrary and unreasonable, we reverse.

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