This section contains the nature of the case and procedural background.

P filed with D revised tariffs seeking a $39.5 million increase in its annual gross revenues. The effective date of the tariffs was suspended twice per the orders of D. After filing, P's proposed rates were published in various newspapers providing that all petitions to intervene must be filed by July 28, 1980. D Commission granted party status to all petitioners. The hearings commenced on December 15, 1980, and concluded after having consumed approximately sixteen working days. The examiners issued their report on March 16, 1981. The parties had until March 22, 1981, to file exceptions, and on March 30, 1981, D issued its Decision and Order. D denied P's proposed $39.5 million rate increase. D authorized P to file a revised schedule of rates designed to increase revenues by $8.45 million. P's revised tariffs were approved. P filed a petition to reopen the hearing, which was granted by D and D authorized P to file a revised schedule of rates designed to generate an additional $4.8 million in revenue. All in all the approved increases were approximately $26 million less than the original increase sought by P. P filed a complaint with the Law Court. P argues in part that the order is not the product of D's independent consideration and deliberation but the predetermined product of the hearing examiners.

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