Public Utilities Commission (PUC) (5)

Pennichuck Corp., et al. v. City of Nashua, 2004-717 (N.H. S.Ct., Nov. 16, 2005)

Duggan, J. The plaintiffs, Pennichuck Corporation, Pennichuck Water Works, Inc., Pennichuck East Utility, Inc. and Pittsfield Aqueduct Company, Inc. (Pennichuck), appeal an order by the Superior Court (Lynn, C.J.) granting summary judgment to the defendant, City of Nashua (City), and ruling that the provisions of RSA chapter 38 (2000 & Supp. 2005) do not constitute a per se inverse condemnation in violation of the New Hampshire Constitution. The court also ruled that the City filed its petition with the New Hampshire Public Utilities Commission (PUC) within a reasonable time and that it was not barred by laches. We affirm.

Lamy v. New Hampshire Public Utilities Commission, 2004-343 (N.H. S.Ct., Apr. 11, 2005)

Nadeau, J. The respondent, the New Hampshire Public Utilities Commission (PUC), appeals the decision of the Superior Court (Lewis, J.) granting the request of the petitioner, Brian D. Lamy, for an order compelling the PUC to disclose the names and street addresses of certain customers and awarding the petitioner costs under RSA 91-A:8 (Supp. 2004). We affirm in part and reverse in part.

Freedom Partners, LLC v. Public Service Company of New Hampshire, 02-E-39 (Hillsborough, North, Jun. 14, 2002)

The instant proceeding arises out of Freedom Partners, LLC's ("Freedom") unsuccessful petition to operate as a utility and participate in the retail electricity market in New Hampshire. Freedom asserts that, as a result of its petition to the New Hampshire Public Utilities Commission ("the Commission"), competition was introduced into the electricity industry. Freedom contends that it is entitled to a portion of the ensuing savings enjoyed by New Hampshire citizens because of the role it played in reducing the price of electricity in this state. On April 22, 2002, this Court granted a motion to dismiss filed by Public Service Company of New Hampshire ("Public Service Company"). Presently before the Court is Freedom's Motion for Reconsideration and Clarification of that order.

Lamy v. New Hampshire Public Utilities Commission, 04-E-041 (Merrimack, Apr. 14, 2004)

This case arises out of a dispute between Mr. Brian Lamy (“petitioner”) and the Public Utilities Commission (“PUC”), in which the PUC denied the petitioner’s request to disclose the names and addresses of Public Service of New Hampshire (“PSNH”) customers who had submitted voltage complaints to PSNH between July 1, 1999 and August 1, 2003. Before the Court is the petitioner’s request for injunctive relief to require disclosure of those names and addresses, pursuant to New Hampshire’s Right-to-Know Law. Also before the Court is the petitioner’s supplemental request for the PUC to release documents related to a Request for Proposals (“RFPs”) issued in connection with the PUC’s investigation of PSNH service in the Town of Bedford, New Hampshire.

Pennichuck Corp., et al. v. City of Nashua, 04-E-0062 (Hillsborough, South, Aug. 31, 2004)

The defendant City of Nashua (City) has begun proceedings before the New Hampshire Public Utilities Commission (PUC) seeking to acquire by eminent domain certain plants and property owned by the plaintiffs, Pennichuck Corporation and its wholly owned subsidiaries (Pennichuck), in order to establish a publicly owned or controlled water utility, as authorized by RSA chapter 38 (1997). Pennichuck instituted this declaratory judgment action in an effort to terminate or limit the City’s attempt to condemn its property. The matter comes before the court at this time on the parties’ cross motions for summary judgment. With the exception of one claim which is not yet ripe for adjudication and another as to which dismissal without prejudice is appropriate, I conclude that the City’s motion for summary judgment must be granted and Pennichuck’s cross motion must be denied.
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