Franklin W. Olin College of Engineering v. Department of Telecommunications & Energy

In 1997, the electric utility restructuring act, St. 1997, c. 164 (Restructuring Act), introduced competition into the generation of electricity, but preserved monopolies for its distribution. See generally Shea v. Boston Edison Co., 431 Mass. 251 (2000). This case requires us to determine whether the Department of Telecommunications and Energy (department) properly interpreted and applied a provision of the Restructuring Act, relative to the latter feature, directing it to define the exclusive “service territories” for each electric distribution company. The context is an appeal by Franklin…