(978) 979-1223

ccobb@silverlakelegal.com

Silver Lake Legal

Construction, Insurance & Business Attorney Boston

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SJC to DPU – Explain yourself – be more clear

Massachusetts SJC, when asked to affirm an order of the DPU, instead sent the matter back.  The Court (NSTAR v DPU 462 Mass 381) couldn't tell if the order in question was supported by sound reasoning or not.  The agency hadn't supplied the facts or rationale for its decision in approving complex agreement to settle a contest over the allocation of costs between supply and distribution categories.

The parties reached a long complex settlement (32 exhibits) and each interpreted it to support an opposite conclusion.  The lesson may be to ensure, when writing up settlement agreements to extinguish all doubt about what the parties intend.

Judge Lenk's decision gives a clear description of complex topics.

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Charles W. Cobb

Attorney at Law


ADDRESS

320 Nevada Street Ste 301,

Newton MA 02460

EMAIL

ccobb@silverlakelegal.com

PHONE NUMBER

(978) 979-1223

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