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eBook details

• Title: Massachusetts Electric Company V.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 22, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Department of Public Utilities. Public Utilities, Electric company, Contract with nonutility generator, Environmental externality values. Electric Company. Administrative Law, Regulations. Federal Preemption. WILKINS, J. These consolidated appeals, before us on a single Justice's reservation and report of challenges to an adjudicatory decision of the Department of Public Utilities (department), concern the lawfulness of certain conditions that the department has established for determining what source or sources an electric utility must select when seeking the generation of additional electric power. In general terms, the department requires consideration in the selection process of the consequences of the emission of various pollutants by alternative power sources that might be selected. In fixing what are described as environmental externality values, the department has attempted to reflect the impact of various pollutants in a monetary sense. The result of this process, therefore, could be that a potential source of power whose cost to the utility appears to be the lowest, when determined apart from environmental considerations, would lose its status as the lowest cost alternative because of its greater adverse impact on the environment, expressed in dollars and cents, than that of one or more alternative power sources.

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