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RETAIL MERCHS. v. P.S.C.

62 A.D.2d 314 (1978)

In the Matter of New York State Council of Retail Merchants, Inc., et al., Petitioners, v. Public Service Commission of the State of New York, Respondent, and Long Island Lighting Company, Intervenor-Respondent

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

May 11, 1978

Attorney(s) appearing for the Case

Weil, Gotshal & Manges (Stuart M. Rosen of counsel), for petitioners.

Peter H. Schiff (John C. Crary and Janet Hand Deifler of counsel), for respondent.

Edward M. Barrett (James J. Stoker, III, and Maida J. Oringher of counsel), for intervenor-respondent.

GREENBLOTT, J. P., SWEENEY, STALEY, JR., and MAIN, JJ., concur.

KANE, J.

In 1975 the respondent Long Island Lighting Company (LILCO) sought a general rate increase. The respondent Public Service Commission (PSC) suspended implementation of those rates pending a hearing and further directed LILCO to propose "time-of-day" charges for its service. LILCO responded accordingly and suggested that certain variable time related rates be applied to a limited grouping of its customers...

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