Newport Elec. Corp. v. Public Utilities Com'n, 81-82-M
| Citation | 454 A.2d 1224 |
| Decision Date | 02 February 1983 |
| Docket Number | No. 81-82-M,81-82-M |
| Parties | NEWPORT ELECTRIC CORPORATION v. PUBLIC UTILITIES COMMISSION. P. |
| Court | United States State Supreme Court of Rhode Island |
This is a statutory petition for certiorari brought by Newport Electric Corporation (Newport). The petition seeks to review a portion of the Report and Order promulgated by the Rhode Island Public Utilities Commission (the commission) on February 4, 1981, in docket No. 1510 entitled "In Re: Newport Electric Corporation Tariff filed May 6, 1980." This petition is brought pursuant to G.L. 1956 (1977 Reenactment) § 39-5-1, which provides in pertinent part:
"Any person aggrieved by a decision or order of the commission may, within seven (7) days from the date of such decision or order, petition the supreme court for a writ of certiorari to review the legality and reasonableness of said decision or order."
We are of the opinion that Newport is not aggrieved by the commission's decision and therefore dismiss the petition for certiorari. The facts underlying this unusual controversy are as follows.
In the Report and Order issued by the commission, rate relief was awarded to Newport, but no claim has been made by the company that such relief was inadequate or improper. A portion of the order, however, expressed the opinion that the future viability of this company is questionable because of its small size, because of its lack of facilities for generating electricity, and because of the limited ability of local businesses to absorb additional rate increases. The commission also commented favorably on the efficiency of Newport's management. This portion of the Report and Order was not necessary to the commission's decision and therefore constituted obiter dictum in the best traditions of Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L.Ed. 60 (1803). 1
It has been well settled by this court that one who seeks review in an appellate court must establish affirmatively that he is sufficiently aggrieved in order to acquire standing. Newman-Crosby Steel, Inc. v. Fascio, R.I., 423 A.2d 1162, 1167 (1980). It has further been stated that a person is so aggrieved by a judgment or order when such judgment or order results in injury in fact, economic or otherwise. Rhode Island Ophthalmological Society v. Cannon, 113 R.I. 16, 26, 317 A.2d...
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