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

I cannot agree with the majority’s order granting New England Telephone and Telegraph Co. a stay of the Public Utilities Commission’s order No. 9258 of December 10, 1976. In the recent case of Narragansett Elec. Co. v. Harsch, 117 R.I. 940, 367 A.2d 195 (1976) (order denying stay), this court adopted the standards used by federal appellate courts to determine whether a stay should be granted:

“A stay will not be issued * * * unless the party seeking the stay makes a ‘strong showing’ that (1) it will prevail on the merits of its appeal; (2) it will suffer irreparable harm if the stay is not…