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CONSOL. EDISON v. P.S.C.

63 A.D.2d 364 (1978)

In the Matter of Consolidated Edison Co. of New York, Respondent, v. Public Service Commission of the State of New York, Appellant. Consolidated Edison Co. of New York, Respondent, v. Public Service Commission of the State of New York, Appellant In the Matter of Central Hudson Gas & Electric Corp., Respondent-Appellant, v. Public Service Commission of the State of New York, Appellant-Respondent

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

July 27, 1978

Attorney(s) appearing for the Case

Peter H. Schiff (Howard J. Read of counsel), for Public Service Commission, appellant and appellant-respondent.

Joseph D. Block for Consolidated Edison Co. of New York, Inc., respondent.

Gould & Wilkie (Davison W. Grant and Thomas C. Hutton of counsel), for Central Hudson Gas & Electric Corporation, respondent-appellant.

LeBoeuf, Lamb, Leiby & MacRae (Ronald D. Jones, Andrew Gansberg and Howard S. Ockman of counsel), for National Fuel Gas Distribution Corp. and others, amici curiae.

Harvey J. Shulman for Scientists' Institute for Public Information and others, amici curiae.

MAHONEY, P. J., and MIKOLL, J., concur with GREENBLOTT, J.; SWEENEY and MAIN, JJ., concur in part and dissent in part in a separate opinion by SWEENEY, J.

GREENBLOTT, J.

We are here concerned with two separate appeals but because of the similarity of issues we are considering them together.

The first appeal concerns an order of the Public Service Commission (PSC) issued on February 25, 1977 which provided, in pertinent part, that "[a]ll utilities subject to the jurisdiction of this Commission shall discontinue the practice of utilizing material inserted...

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