General Marine Construction Corp. v. Public Utilities Commission
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The Supreme Judicial Court dismissed this appeal from an order of the Public Utilities Commission (PUC) declining to open a formal investigation into a water bill issued to General Marine Construction Corp. by the Portland Water District (PWD), holding that General Marine's appeal was not taken from a final decision of the Commission pursuant to Me. Rev. Stat. 35-A, 1320(1).
At issue was a $15,804 "make-up bill" that the PWD issued to General Marine for unauthorized and unmilled water usage. General Marine filed a complaint challenging the bill. The Commission's Consumer Assistance and Safety Division (CASD) concluded that the PWD had complied with PUC rules in issuing the make-up bill. The Commission upheld CASD's decision. General Marine appealed. The Supreme Judicial Court dismissed the appeal, holding (1) the PUC did not issue a "final decision" at the conclusion of the statutorily-authorized informal process; and (2) therefore, section 1320(1) did not authorize General Marine's appeal.
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