Massachusetts Electric Co. v. Department of Public Utilities

These consolidated appeals, before us on a single justice’s reservation and report of challenges to an adjudicatory decision of the Department of Public Utilities (department), concern the lawfulness of certain conditions that the department has established for determining what source or sources an electric utility must select when seeking the generation of additional electric power. In general terms, the department requires consideration in the selection process of the consequences of the emission of various pollutants by alternative power sources that might be selected. In fixing what are…