In the Matter of the PROVISION OF BASIC GENERATION SERVICE FOR the PERIOD BEGINNING JUNE 1 2008.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 12, 2010.
Decided March 10, 2011.
Attorney(s) appearing for the Case
Stefanie A. Brand, Director, argued the cause for appellant Division of Rate Counsel (Ms. Brand, attorney; Ms. Brand, Ronald K. Chen, Trenton, and Diane Schulze, on the briefs).
Babette Tenzer, Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities (Paula T. Dow, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Tenzer and Kenneth J. Sheehan, Deputy Attorney General, on the brief).
Gregory Eisenstark, Newark, and James H. Laskey, Bridgewater, argued the cause for respondents (Mr. Eisenstark, attorney for Public Service Electric and Gas Company, PSEG Energy Resources & Trade LLC; Norris, McLaughlin & Marcus, attorneys for Independent Energy Producers of New Jersey; Skadden, Arps, Slate, Meagher & Flom, attorneys for J.P. Morgan Ventures Energy Corporation; Morgan, Lewis & Bockius, attorneys for Jersey Central Power & Light Company; Riker Danzig Scherer Hyland & Perretti, attorneys for Consolidated Edison Energy, Inc.; Dickstein Shapiro, attorneys for Conectiv Energy Supply, Inc.; Bevan, Mosca, Giuditta & Zarillo, attorneys for Constellation Energy Commodities Group, Inc. and Constellation NewEnergy, Inc.; Mr. Eisenstark, Mr. Laskey, Andrew Muscato, Marc B. Lasky, James C. Meyer, Morristown, Nicholas W. Mattia, Jr., and Murray E. Bevan, on the joint brief).
Supreme Court of New Jersey.
Justice LaVECCHIA delivered the opinion of the Court.
The central issue in this appeal is the procedural claim by the Department of the Public Advocate, Division of Rate Counsel (Rate Counsel), that the Board of Public Utilities (BPU) failed to comply with basic notice and opportunity for comment obligations before taking an action, by administrative order, that paved the way for potentially $50 million in increased energy supplier costs to be passed through to ratepayers...
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