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Rhode Island Consumers Council v. Smith

Supreme Court of Rhode Island
May 24, 1972
290 A.2d 617 (R.I. 1972)

Opinion

M. P. Nos. 1784, 1786

May 24, 1972

Roberts & Willey, Incorporated, Dennis J. Roberts II, David W. Carroll, for Rhode Island Consumers' Council.

Tillinghast, Collins & Graham, Andrew A. DiPrete, Peter J. McGinn, for New England Tel. and Tel. Co.

Kenneth F. MacIver, Jr., Rhode Island Legal Services, Inc., for Rhode Island Senior Citizens Action Group; Archie Smith, for Public Utilities Commission; Lincoln C. Almond, United States Attorney, Everett C. Sammartino, Asst. United States Attorney, for U.S. Dept. of Defense and all other Federal Executive Agencies.


We have consolidated these two petitions for certiorari which have been filed pursuant to G. L. 1956 (1969 Reenactment) § 39-5-1. They seek a review of an order of the Public Utilities Commission authorizing the telephone company to file a new rate schedule for its intrastate Rhode Island business which will produce additional annual revenue of $ 7,989,000. The telephone company had asked the commission to approve a rate schedule which would have produced additional annual revenue of $ 14,800,000.

Both petitioners seek to have the commission's order stayed pending a final determination by this court. The telephone company has asked this court to permit it to operate under its proposed rate schedule, and, if granted, it agrees to maintain its accounting records in such form as to comply with any final order that might be entered in the event it is determined that the utility is not entitled to the increases it has collected. The Consumers' Council, in maintaining that the commission's actions were arbitrary and illegal, has asked for a stay of the order awarding the $ 7,989,000 increase.

Oral argument was heard on both motions. Counsel for the United States of America and the Rhode Island Senior Citizens Group appeared and spoke in opposition of the telephone company's motion.

After careful consideration of both motions, arguments and memoranda offered in support thereof, it is hereby ORDERED AND ADJUDGED:

1. That in each petition the motion for a stay is denied.

Roberts, C.J., and Joslin, J., not participating.


Summaries of

Rhode Island Consumers Council v. Smith

Supreme Court of Rhode Island
May 24, 1972
290 A.2d 617 (R.I. 1972)
Case details for

Rhode Island Consumers Council v. Smith

Case Details

Full title:RHODE ISLAND CONSUMERS COUNCIL v. ARCHIE SMITH et al. NEW ENGLAND TEL. AND…

Court:Supreme Court of Rhode Island

Date published: May 24, 1972

Citations

290 A.2d 617 (R.I. 1972)
290 A.2d 617
1972 R.I. LEXIS 1019

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