In the Matter of The Consumer Protection Board of the State of New York et al., Petitioners,
v.
Public Service Commission of the State of New York et al., Respondents
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
March 18, 1982
March 18, 1982
Attorney(s) appearing for the Case
Donna Freireich for New York State Consumer Protection Board, petitioner.
John C. Gray, Jr., and Samuel H. Liberman, for Simpson Street Development Association, petitioner.
David E. Blabey (Howard J. Read of counsel), for Public Service Commission of the State of New York, respondent.
Kronish, Lieb, Shainswit, Weiner & Hellman (Bernard L. Sanoff of counsel) and Joy Tannian, Richard W. Babinecz and John D. McMahon for Consolidated Edison Company of New York, Inc., respondent.
Gould & Wilkie (Walter A. Bossert, Jr., and Davison W. Grant of counsel), for Central Hudson Gas & Electric Corporation, respondent.
Edward M. Barrett for Long Island Lighting Company, respondent.
LeBoeuf, Lamb, Leiby & MacRae (Andrew Gansberg of counsel), for Orange & Rockland Utilities, Inc., respondent.
Huber, Magill, Lawrence & Farrell (Frederic H. Lawrence and Francis I. Fallon of counsel), for New York State Electric & Gas Corporation, respondent.
LeBoeuf, Lamb, Leiby & MacRae (Halcyon G. Skinner of counsel), for Niagara Mohawk Power Corporation, respondent.
Nixon, Hargrave, Devans & Doyle (Richard N. George of counsel), for Rochester Gas & Electric Corporation, respondent.
MAIN, MIKOLL, YESAWICH, JR., and WEISS, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
KANE, J. P.
A fuel adjustment clause, contained in the tariff of each New York State utility, is a provision designed to reflect monthly increases above or decreases below the "base cost" for fuel used by the utility. It operates by means of a formula, included in each company's filed rate schedule, which determines a monthly rate adjustment to the charge for each kilowatt hour of electricity used by a consumer...
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