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New England Telephone & Telegraph Co. v. Public Utilities Commission

448 A.2d 272 (1982)

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New England Telephone & Telegraph Co. v. Public Utilities Commission

Supreme Judicial Court of Maine

448 A.2d 272 (1982)

Facts

New England Telephone & Telegraph Company (NET) (plaintiff) filed revised tariffs with the Public Utilities Commission (defendant) with the intent of obtaining a $39.5 million increase in annual gross revenues. The Commission held a 16-day hearing, during which approximately 33 witnesses presented evidence. The parties subsequently submitted briefs. On March 16, 1981, hearing examiners issued a report and allowed the parties until March 22, 1981 to file any exceptions. On March 30, 1981, the Commission issued its Decision and Order, which largely adopted the findings of the hearing examiners. The Decision and Order denied NET’s proposed increase. NET challenged the Commission’s decision, arguing that the eight to nine days the Commission considered the matter and the fact that the Order adopted the examiners’ report nearly verbatim demonstrated that the Commission did not adequately and independently review the evidence.

Rule of Law

Issue

Holding and Reasoning (Godfrey, J.)

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