NIAGARA MOHAWK v. P.S.C.


54 A.D.2d 255 (1976)

In the Matter of Niagara Mohawk Power Corporation, Respondent, v. Public Service Commission of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 10, 1976


Attorney(s) appearing for the Case

Peter H. Schiff and Howard J. Read for appellant.

LeBoeuf, Lamb, Leiby & MacRae (Halcyon G. Skinner and Andrew Gansberg of counsel), for respondent.

KANE, MAHONEY, LARKIN and HERLIHY, JJ., concur.


SWEENEY, J. P.

The facts are not in dispute. Petitioner is a privately owned utility corporation serving customers with gas and electricity or electricity alone. In April, 1974 it instituted rate proceedings before the commission which resulted in an order issued February 26, 1975 granting an increase in its rates by $92,250,000 annually in revenues. The opinion noted that there was a possibility of tax refunds resulting from the company's retroactive...

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