Opinion

Dickinson v. Maine Public Service Co.

  • 223 A.2d 435
  • 65 P.U.R.3d 366
  • 1966 Me. LEXIS 207
Court
Supreme Judicial Court of Maine
Filed
Oct 21, 1966
Status
Published
Author
Webber
On the bench
Webber, Tapley, Mar-Den, Rudman, Dufresne, Williamson
Cited by
6 cases
Authority
More cited than 10.6%

The opinion

ORDER ON MOTION AND PETITION FOR REHEARING AND RELIEF

WEBBER, Justice.

The intervenor Eastern Maine Electric Cooperative, Inc. moves for rehearing “on the Constitutional issue in the Law Court.” This motion is denied.

The same intervenor requests that the Law Court “amend its decision to provide that the Commission take out evidence in regard to the underlying facts requisite for a proper determination of the Constitutional issue.” This motion is denied.

The same intervenor requests that the Law Court “amend its decision to provide that the Commission determine the contractual issues involved in these proceedings as well as the economic feasibility issue.” In our opinion ( 223 A.2d 435, at 440 ) we said: “It follows that the petitioners are entitled to a determination by the Public Utilities Commission as to whether or not it is economically feasible for the fully regulated utilities to render the service requested by the petitioners.” Now and for the first time by this motion and petition it is brought to our attention that there may be issues other than “economic feasibility” in this case which may properly be considered by the Commission in making its determination as to whether or not the fully regulated utilities should be authorized and required to render the service requested by the petitioners. Our opinion was not intended or designed to preclude the Commission from considering or determining any issues bearing upon its ultimate decision and which would have been deemed appropriate for its consideration in the absence of P.L.1965, Ch. 348. We are not informed and therefore neither intimate nor suggest any view as to whether the so-called “contractual issues” referred to in intervenor’s motion are issues appropriate for consideration by the Commission.

It is accordingly ordered that the opinion as certified be amended by striking therefrom the above quoted paragraph and substituting therefor the following:

“It follows that the petitioners are entitled to a determination by the Public Utilities Commission as to whether or not the fully regulated utilities should be authorized and required to render the service requested by the petitioners.”

WILLIAMSON, C. J., took no part in the consideration of this motion and petition.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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