In Brooks v. Public Serv. Elec. & Gas, 1 N.J.A.R. 243, 243-44 (1981), the petitioner, a customer of the utility, filed a court action claiming damages for the utility's negligence in failing to restore electric service within a reasonable time following a hurricane and in not notifying him. The court transferred the matter to the Board, on the ground that the Board had jurisdiction "of a dispute concerning 'the supplying or nonsupplying of power.'" Id. at 243-44. The Board transferred it to the Office of Administrative Law as a contested case. The administrative law judge found that the Board lacked statutory authority "to decide common law tort actions in any respect," that the Legislature could not constitutionally grant such authority by statute, and that any tariff would be "constitutionally defective" to the extent that it was "found to control, by its terms, the determination of a common law tort action." Id. at 244-46. The question of the utility's duty should be resolved by the common law and a jury, rather than by N.J.A.C. 14:3-3.9's standards for providing and restoring service and the coordinate tariff provisions. Id. at 246. Those principles would be no different if the case were a class action, because the amount of damages which the utility might have to pay could not defeat "constitutional jury trial rights." Ibid.