NIAGARA MOHAWK v. PSC.


59 A.D.2d 73 (1977)

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

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

August 4, 1977


Attorney(s) appearing for the Case

Lauman Martin (Halcyon G. Skinner of Le Boeuf, Lamb, Leiby & MacRae of counsel), for petitioner.

Peter H. Schiff for respondent.

GREENBLOTT, J. P., KANE, MAIN and MIKOLL, JJ., concur.


HERLIHY, J.

In rate proceedings commenced in 1974 the respondent authorized an annual rate increase, but in so doing it noted that the petitioner would be receiving Federal tax refunds by utilizing a retroactive application of depreciation standards for the years 1966-1969. The petitioner did receive a refund of about $16.4 million and upon notification, the respondent ordered the petitioner to "flow through" a major portion thereof to its customers....

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