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  5. 45 N.Y.2d 661 (1978)
 

MERCHS. v. PUB. SERV.

45 N.Y.2d 661 (1978)

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

Court of Appeals of the State of New York.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Peter H. Schiff and John C. Crary for appellant.

David K. Kadane, Edward M. Barrett and James J. Stoker, III, for intervenor-appellant.

Stuart M. Rosen, Paulann M. Caplovitz and Irwin H. Warren for respondents.

Louis J. Lefkowitz, Attorney-General (John G. Proudfit and Cyril H. Moore, Jr., of counsel), for State of New York, amicus curiae.

James T. B. Tripp and Philip J. Mause for Environmental Defense Fund, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.

JONES, J.

We conclude that there was a rational basis for and substantial evidence in the record to support the determination of the Public Service Commission authorizing the introduction of time-of-day pricing as the basis for a new rate structure for the furnishing of electricity, and, as a first step to that end, approving the proposal of Long Island Lighting Company...

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