Toms River Water Co. v. New Jersey Board of Public Utility Commissioners

The opinion of the Court was delivered by

PASHMAN, J.

Last Term, our decision in In re Lambertville Water Co., 79 N.J. 449 (1979), raised but declined to resolve the issue whether the Board of Public Utility Commissioners (Board) may give retroactive effect to an approved increase in a utility’s rates. See id. at 457. We now address that issue. A second, related question before us is whether a utility’s application for a rate increase takes effect if the Board does not act upon it before the expiration of the suspension period for the proposed rates. We granted certification, 81 N.J. 270…