Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 78 (2026)

Notice of violation

✓ current as of July 2026

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Section 78. If any electric, gas, generation, transmission, or distribution company, or any supplier violates or fails to comply with the provisions of law, or violates or fails to comply with any lawful order of the department, the department shall give written notice thereof to such company or supplier and to the attorney general.

Notes of Decisions

Cited in 4 cases, 1967–1997 · leading case: Lowell Gas Co. v. Attorney Gen., 385 N.E.2d 240 (Mass. 1979).

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Lowell Gas Co. v. Attorney Gen., 385 N.E.2d 240 (Mass. 1979). · cites it 12× “12, § 10, G.L.c. 164, § 78, and G.L.c. 231A. The amended complaints allege that the companies, by allocating short-term debt interest expense to the inventory cost of gas charged to consumers, have committed unfair and deceptive practices under G.”

Reiter Oldsmobile, Inc. v. Gen. Motors Corp., 393 N.E.2d 376 (Mass. 1979). “37, 42-43 (1979) (G. L. c. 164, § 78, contemplates that Attorney General take *712 "appropriate action,” including commencement of litigation under c.”

Boston Gas Co. v. City of Newton, 682 N.E.2d 1336 (Mass. 1997). “” In addition, G. L. c. 164, § 78, provides: “If any corporation engaged in the manufacture and sale or distribution and sale of gas or electricity violates or fails to comply with the provisions of law, or violates or fails to comply with any lawful order of the department,…”

Metro. Dist. Comm'n v. Dep't of Pub. Utils., 224 N.E.2d 502 (Mass. 1967). “” We believe these statutes are adequate authority for the department to inquire into whether the rates, prices and charges, charged or collected, for the sale and distribution of electricity by an electric company have conformed to the schedules filed with that agency. If a…”

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