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ROCHESTER GAS & ELEC v. PSC

71 A.D.2d 185 (1979)

In the Matter of Rochester Gas and Electric Corporation, Petitioner, v. Public Service Commission of the State of New York, Respondent; Empire State Petroleum Association, Inc., et al., Intervenors-Respondents. (Proceeding No. 1.) In the Matter of Brooklyn Union Gas Company, Petitioner, v. Public Service Commission of the State of New York, Respondent; Empire State Petroleum Association, Inc., et al., Intervenors-Respondents. (Proceeding No. 2.) In the Matter of Long Island Lighting Company, Petitioner, v. Public Service Commission of the State of New York, Respondent. (Proceeding No. 3.)

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

December 6, 1979

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Stanley W. Widger, Jr., and Richard N. George of counsel), for Rochester Gas and Electric Corporation, petitioner.

Cullen & Dykman (F. Peter O'Hara and William R. Coleman of counsel), for Brooklyn Union Gas Company, petitioner.

Edward M. Barrett (Edward J. Walsh, Jr., and Richard A. Visconti of counsel), for Long Island Lighting Company, petitioner.

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

Keith J. Roland for intervenors-respondents.

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

HERLIHY, J.

At the outset it should be noted that the petitioners in this proceeding do not raise any question as to the validity of the Home Insulation and Energy Conservation Act (Public Service Law, art 7-A; all statutory references hereinafter are to the Public Service Law unless otherwise specified) which became effective in August of 1977 and pursuant to which the determinations complained of herein were...

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