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CONSUMER PROT. v. PSC

97 A.D.2d 320 (1983)

In the Matter of Consumer Protection Board of the State of New York, Petitioner, 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.

December 8, 1983

Attorney(s) appearing for the Case

Kathy A. Bennett (Jonathan Rogoff of counsel), for petitioner.

David E. Blabey (Timothy P. Sheehan of counsel), for Public Service Commission, respondent.

Nixon, Hargrave, Devans & Doyle (John J. Diehl and Ernest J. Ierardi of counsel), for Rochester Gas and Electric Corporation, respondent.

Maher & Babinecz, P. C. (Gerard A. Maher and Andrew Gansburg of counsel), and Gould & Wilkie (Davison W. Grant of counsel), for Orange and Rockland Utilities, Inc., and another, respondents.

MAIN, CASEY, MIKOLL and YESAWICH, JR., JJ., concur.

MAHONEY, P. J.

In August of 1973, respondent Rochester Gas & Electric Corporation (hereinafter Rochester) applied to the State Board on Electric Generation Siting and the Environment (hereinafter siting board) for certification of a proposed plan for the construction of two fossil fuel power plants to be located in the Town of Sterling, Cayuga County. Subsequently, Rochester began considering plans to construct...

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