Legal Opinion · Concurring in part, dissenting in part
Narragansett Electric Co. v. Burke
Supreme Court of Rhode Island
Decided May 3, 1984No. Nos. 82-155-M.P., 82-157-M.PPublished
1Concurring in part, dissenting in part
Justice WEISBERGER, with whom Justice KELLEHER joins,
dissenting in part and concurring in part.
Although I am in general agreement with the opinion of the majority, I am constrained to point out my disagreement with one aspect of the opinion.
In this case the commission imputed a hypothetical rate of interest to tax credits given the company pursuant to provisions of the Internal Revenue Code. These tax credits are generated by investments made by the company in capital equipment and were designed by Congress as a means of stimulating investment and employment. In considering the propriety of…
2Cases cited5 opinions
- New England Telephone & Telegraph Co. v. Public Utilities CommissionSupreme Judicial Court of Maine · 1982
- Rhode Island Consumers' Council v. SmithSupreme Court of Rhode Island · 1974
- Public Service Company of New Mexico v. Federal Energy Regulatory Commission, Cities of Gallup and Farmington, New Mexico Plains Electric Generation and Transmission Cooperative, Inc., Intervenors. Public Service Company of New Mexico v. Federal Energy Regulatory Commission, Cities of Gallup and Farmington, New Mexico Plains Electric Generation and Transmission Cooperative, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1981
- New England Telephone & Telegraph Co. v. Public Utilities CommissionSupreme Court of Rhode Island · 1983
- State ex rel. Utilities Commission v. Carolina Telephone & Telegraph Co.Court of Appeals of North Carolina · 1983