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FITCHBURG GAS AND ELECTRIC LIGHT COMPANY v. DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY

440 Mass. 625 (2004)

FITCHBURG GAS AND ELECTRIC LIGHT COMPANY vs. DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 8, 2004.

Attorney(s) appearing for the Case

Scott J. Mueller (Meabh Purcell with him) for the plaintiff.

Pierce O. Cray, Assistant Attorney General, for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Sosman, JJ.

MARSHALL, C.J.

In May, 2001, pursuant to an investigation launched on its own initiative, the Department of Telecommunications and Energy (department)1 determined that, for a period of 139 months between 1987 and 1998, Fitchburg Gas and Electric Light Company (Fitchburg) overcharged its gas customers by including identical inventory finance charges (IFCs) in both its base rate and its supplemental cost of gas adjustment clause (CGAC)....

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