S. Ct. Civ. No. 2010-0067

In considering an appeal from an order of the Superior Court affirming a decision of the Public Services Commission of the United States Virgin Islands that approved the the transfer of three utility companies, by operation of 30 V.I.C. § 33, the appellants foreclosed review of all but one of their host of arguments against the approved transfer by not raising them in the petition for reconsideration originally brought before the Commission. In addition, the only issue adequately before this Court on appeal, that the Commission issued arbitrary findings of fact by failing to consider certain letters written by one of the appellants, is based on a flawed premise, because the record indicates that the Commission did, explicitly, consider those letters. Therefore, the Superior Court's September 14, 2010 order affirming the PSC's May 5, 2010 order permitting the transfer of the companies is affirmed.