Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 76 (2026)

Supervisory authority of department

✓ current as of July 2026

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Section 76. The department shall have the general supervision of all gas and electric companies and shall make all necessary examination and inquiries and keep itself informed as to the condition of the respective properties owned by such corporations and the manner in which they are conducted with reference to the safety and convenience of the public, and as to their compliance with the provisions of law and the orders, directions and requirements of the department; provided, however, that any alternative energy producer shall not be considered to be a municipality, manufacturing company, corporation or other person engaged in the manufacture, sale, distribution or transmission of gas or electricity and shall be exempt from regulation by the department.

Notes of Decisions

Cited in 15 cases, 1969–2015 · leading case: Fitchburg Gas & Elec. Light Co. v. Dep't of Telecomm. & Energy, 801 N.E.2d 220 (Mass. 2004).

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Fitchburg Gas & Elec. Light Co. v. Dep't of Telecomm. & Energy, 801 N.E.2d 220 (Mass. 2004). · cites it 8× “164, § 58 (procedures for gas and electricity price regulation); G. L. c. 164, § 76 (general supervision of gas companies).”

Boston Edison Co. v. Dep't of Pub. Utils., 375 N.E.2d 305 (Mass. 1978). · cites it 2× “” G. L. c. 164, § 76. 26 It has long been held that “the State, through the regularly constituted authorities, has taken complete control of these corporations so far as is necessary to prevent the abuses of monopoly.”

Pereira v. New England LNG Co., Inc., 301 N.E.2d 441 (Mass. 1973). · cites it 2× “” This was the progenitor of G. L. c. 164, § 76, which now provides that “[t]he department shall have the general *118 supervision of all gas and electric companies and shall make all necessary examination and inquiries and keep itself informed as to the condition of the…”

S. Union Co. v. Dep't of Pub. Utils., 458 Mass. 812 (Mass. 2011). “See G. L. c. 164, §§ 76, 93, 94. The department argues that, because it has legislatively been authorized to approve the agreement at issue here, the court should defer to the department’s interpretation of the agreement in denying the company’s § 2.”

Commonwealth Elec. Co. v. Dep't of Pub. Utils., 491 N.E.2d 1035 (Mass. 1986). · cites it 2× “See G.L.c. 164, § 76 (1984 ed.). The utility and its shareholders are protected from the risks associated with competition.”

Boston Edison Co. v. Town of Bedford, 444 Mass. 775 (Mass. 2005). · cites it 2× “164, § 34B, the department began an investigation into the status of double poles, acting pursuant to G. L. c. 164, § 76. 10 The department directed pole owners to provide an inventory of double pole sets in each municipality *778 and a report describing their practices for…”

Boston Gas Co. v. City of Newton, 682 N.E.2d 1336 (Mass. 1997). “” In addition, G. L. c. 164, § 76, provides: “The department shall have the general supervision of all gas and electric companies and shall make all necessary examination and inquiries and keep itself informed as to the conditions of the respective properties owned by such…”

Fitchburg Gas & Elec. Light Co. v. Dep't of Pub. Utils., 477 N.E.2d 372 (Mass. 1985). “” G. L. c. 164, § 76, as amended by St. 1982, c.”

Boston Edison Co. v. Brookline Realty & Inv. Corp., 405 N.E.2d 995 (Mass. App. Ct. 1980). “conformably with regulations adopted under G. L. c. 164, §§76 and 76C, 1 notably 220 Code Mass.”

Town of Framingham v. Dep't of Pub. Utils., 244 N.E.2d 281 (Mass. 1969). “The Department is charged with the duty of constant and general supervision of the electric companies “with reference to the safety and convenience of the public” (see G. L. c. 164, § 76), and has laid upon it responsibilities with regard to the public interest which are general…”

Massachusetts Elec. Co. v. Dep't of Pub. Utils., 469 Mass. 553 (Mass. 2014). “electric companies,” G. L. c. 164, § 76, and, consistent with that authority, has evaluated utilities’ performance in restoring power during and after major storms for at least the last three decades.”

Monsanto Co. v. Dep't of Pub. Utils., 586 N.E.2d 982 (Mass. 1992). “See G. L. c. 164, §§ 76, 76C, and 94 (1990 ed.”

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