In the Matter of the Provision of Basic Generation Service for the Period Beginning June 1, 2008, A-75 September Term 2009; Supreme Court; opinion by LaVecchia, J.; decided March 10, 2011. On certification to the Appellate Division, 411 N.J. Super. 69 (App. Div. 2009). [Sat below: Judges Carchman, Parrillo and Ashrafi in the Appellate Division.] DDS No. 37-1-xxxx [35 pp.]
The central issue in this appeal is the procedural claim by the Department of the Public Advocate, Division of Rate Counsel (Rate Counsel), that the Board of Public Utilities (BPU) failed to comply with basic notice and opportunity for comment obligations before taking an action, by administrative order, that paved the way for potentially $50 million in increased energy supplier costs to be passed through to ratepayers.
