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APPEAL OF MARMAC

No. 86-329.

130 N.H. 53 (1987)

APPEAL OF MARMAC & a. (New Hampshire Public Utilities Commission)

Supreme Court of New Hampshire.

November 5, 1987.

Attorney(s) appearing for the Case

Orr and Reno P.A., of Concord (Howard M. Moffett on the brief and orally), for the petitioners.

Sulloway, Hollis and Soden, of Concord (Margaret H. Nelson and Robert H. Hafner on the brief, and Martin L. Gross orally), for Public Service Company of New Hampshire.

THAYER, J.

This is an appeal from decisions made by the New Hampshire Public Utilities Commission (PUC) in proceedings relating to the rates which Public Service Company of New Hampshire (PSNH) must pay small power producers (SPPs) for electrical energy. The two basic issues raised by petitioners are: (1) whether the PUC's statements, that it would annually update such rates, constitute binding "rules" under the New Hampshire Administrative Procedure Act (APA) which...

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