Appeal of Granite State Electric Co.

421 A.2d 121, 120 N.H. 536, 1980 N.H. LEXIS 380
CourtSupreme Court of New Hampshire
DecidedSeptember 3, 1980
DocketNo. 79-365
StatusPublished
Cited by13 cases

This text of 421 A.2d 121 (Appeal of Granite State Electric Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Appeal of Granite State Electric Co., 421 A.2d 121, 120 N.H. 536, 1980 N.H. LEXIS 380 (N.H. 1980).

Opinion

KING, J.

This is an appeal under RSA 541:6 by the Granite State Electric Company (hereinafter Electric Company) from a decision of the New Hampshire Public Utilities Commission (PUC) ordering a refund of certain revenues collected under rates [538]*538established on a rate base that included customer advances and deposits.

On May 23, 1978, the PUC authorized the Electric Company to increase its permanent rates annually by $913,912. On July 19, 1978, the Legislative Utility Consumers’ Council (hereinafter LUCC) appealed the PUC decision and order to this court. On May 17, 1979, we held that the inclusion of “customer deposits” and “customer advances” in the Electric Company’s rate base was improper and remanded the case to the PUC for the “limited purpose” of “deduct[ing] these items from the rate base” and “establishing] a new rate order reflecting that reduction.” LUCC v. Granite State Electric Co., 119 N.H. 359, 402 A.2d 644 (1979).

Pursuant to that decision, the Electric Company voluntarily filed new rates reflecting a reduction of $30,500 annually. On June 22, 1979, the PUC approved the proposed rates embodying the $30,500 rate reduction and ordered the Electric Company “to file a plan for the refund of those related revenues, including interest at 8% collected from the time the temporary rates were put into effect.”

On July 10, 1979, the Electric Company filed with the PUC a motion for rehearing of that portion of the order which granted a refund with interest. On October 3, 1979, the PUC affirmed its order requiring the Electric Company to file a plan for refund, but withdrew the portion of the order that required the payment of interest on such refund. The PUC purported to base its affirmance of the order on its interpretation of our ruling in LUCC v. Granite State Electric Co. supra.

The principal issue on appeal is whether the PUC lacked authority to order the Electric Company to refund revenues collected under rates authorized and approved by the PUC. The Electric Company argues that utilities and consumers are entitled to rely on “permanent” rates established under final PUC orders and that, absent statutory authority, final rates cannot be retroactively adjusted. See Arizona Grocery v. Atchison Ry., 284 U.S. 370, 383-90 (1932); Metropolitan District Comm’n v. Department of Public Utilities, 352 Mass. 18, 26, 224 N.E.2d 502, 508 (1967). We agree. We note, however, that the rates established by the PUC in this case were not final. When on May 23, 1978, the PUC authorized a rate increase, that order did not become final until any appeals from that decision were exhausted or until the time for filing an appeal had run. RSA 541:6; see Supreme Court Rule 10. The LUCC motion for rehearing was denied on June 21, 1978, and it was from this order that the LUCC timely appealed to [539]*539this court on July 19, 1978. A final rate had, therefore, not been established.

It is important to note that the substitution of new rates in accordance with this court’s order for those required by the PUC’s earlier order does not involve a retroactive application of the law. Until the rate had become final, the rate established by the PUC had not become tantamount to a statute which could not be amended retrospectively. See New England Tel. & Tel. Co. v. PUC, 116 R.I. 356, 388, 358 A.2d 1, 21 (1976); Montana Horse Products Co. v. Great Northern Ry. Co., 91 Mont. 194, 209, 7 P.2d 919, 925 (1932). Rather, the PUC’s order established a rate base which was subject to change through the appeal process.

Although the PUC’s statutory refund authority does not expressly encompass a situation where, as here, the PUC seeks to order a refund of revenues found to have been collected under an improper rate base upon judicial review by this court, we note that the PUC is vested with broad statutory power. The PUC was established to provide comprehensive provisions for the establishment and control of public utilities in the State, Petition of Boston & Maine Corp., 109 N.H. 324, 326, 251 A.2d 332, 335 (1969), and was endowed with “important judicial duties” and “large administrative and supervisory powers.” Id. at 326, 251 A.2d at 335; Parker-Young Co. v. State, 83 N.H. 551, 556, 145 A. 786, 789 (1929). In awarding reparation, the PUC performs a judicial function. See Arizona Grocery v. Atchison Ry., 284 U.S. 370, 388, 389 (1932). As such, it must not only perform duties statutorily created, but also exercise those powers inherent within its broad grant of power. See Petition of Boston & Maine Corp. suyra. One such power is to award restitution if one has been unjustly enriched at the expense of another. See Cohen v. Frank Develoyers, Inc., 118 N.H. 512, 389 A.2d 933 (1978).

In this context, the terms “restitution” and “unjust enrichment” are modern designations for the older doctrine of quasi-contracts, and the action for “unjust enrichment,” therefore, lies in a promise, implied by law, that one will restore to the person entitled thereto that which in equity and good conscience belongs to him. 17 C.J.S. Contracts § 6 (1963); see Bloomgarden v. Coyer, 479 F.2d 201, 211 (D.C. Cir. 1973); Cecio Bros., Inc. v. Town of Greenwich, 156 Conn. 561, 244 A.2d 404 (1968). A refund order is consistent with general principles of restitution requiring the return of property after a judicial determination that it was [540]*540improperly acquired. Mountain States v. Ariz. Corp. Com’n, 604 P.2d 1144, 1145 (Ariz. App. 1979); see United Gas Co. v. Mobile Gas Corp., 350 U.S. 332 (1956); Atlantic Coast Line v. Florida, 295 U.S. 301 (1935). There is no exception exempting these principles if rate increases are involved. Mountain States v. Ariz. Corp. Com’n supra; see Bebchick v. Public Utilities Commission, 318 F.2d 187 (D.C. Cir. 1963).

Moreover, the unavailability of a refund would force the consumer to purchase electricity at rates in excess of those established under proper criteria and thereby raise serious due process questions. Mountain States v. Ariz. Corp. Com’n supra.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gearhart v. Public Utility Commission
356 P.3d 216 (Oregon Supreme Court, 2014)
Gearhart v. PUC
Oregon Supreme Court, 2014
Appeal of Verizon New England, Inc.
889 A.2d 1027 (Supreme Court of New Hampshire, 2005)
Application of Minnegasco
565 N.W.2d 706 (Supreme Court of Minnesota, 1997)
Appeal of Public Service Co.
676 A.2d 101 (Supreme Court of New Hampshire, 1996)
Independent Voters v. Illinois Commerce Commission
510 N.E.2d 850 (Illinois Supreme Court, 1987)
Independent Voters of Illinois v. ILL. COMMERCE COMM'N
487 N.E.2d 963 (Appellate Court of Illinois, 1985)
In re Public Service Co.
484 A.2d 1139 (Supreme Court of New Hampshire, 1984)
Appeal of Easton
480 A.2d 88 (Supreme Court of New Hampshire, 1984)
In Re Central Vermont Public Service Corp.
473 A.2d 1155 (Supreme Court of Vermont, 1984)
Public Service Commission v. Diamond State Telephone Co.
468 A.2d 1285 (Supreme Court of Delaware, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
421 A.2d 121, 120 N.H. 536, 1980 N.H. LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-granite-state-electric-co-nh-1980.