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BROOKLYN GAS CO v. PSC

71 A.D.2d 171 (1979)

In the Matter of Brooklyn Union Gas Company, 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.

December 6, 1979

Attorney(s) appearing for the Case

Cullen & Dykman (F. Peter O'Hara of counsel), for petitioner.

Peter H. Schiff (John C. Crary and Charles R. Gibson of counsel), for respondent.

SWEENEY, J. P., KANE, STALEY, JR., and HERLIHY, JJ., concur.

MIKOLL, J.

At issue in this proceeding are a series of orders emanating from the Public Service Commission (commission) to implement the Home Insulation and Energy Conservation Act (L 1977, ch 858, Public Service Law, §§ 135-a to 135-n) (Act).

There is little argument with the proposition that the power of the commission is limited to those powers which are conferred specifically upon it by...

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