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BROOKLYN GAS v. PUB. SERV

101 A.D.2d 453 (1984)

In the Matter of Brooklyn Union Gas Company, Petitioner, v. Public Service Commission, Respondent, and Robert Abrams, as Attorney-General of The State of New York, et al., Intervenors-Respondents

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

May 24, 1984

Attorney(s) appearing for the Case

Cullen & Dykman (Joseph P. Stevens, Steven L. Zelkowitz and M. Margaret Fabic of counsel), for petitioner.

David E. Blabey (Charles R. Gibson of counsel), for Public Service Commission, respondent.

Roland & Fogel (Emilio A. F. Petroccione and Usher Fogel of counsel), for New York Oil Heating Association, Inc., respondent.

Peter Bienstock (John H. Reichman of counsel), for Robert Abrams, as Attorney-General of the State of New York, intervenor-respondent.

Charles E. Williams, III (Cherie A. Gaines and Robert N. Felix of counsel), and Frederick A. O. Schwarz, Jr., Corporation Counsel, for New York City Housing Authority and another, amici curiae.

KANE, CASEY, WEISS and LEVINE, JJ., concur.

MAHONEY, P. J.

Petitioner, a utility which provides gas service to customers within a portion of the City of New York, filed amendments to its rate schedules on November 25, 1981 seeking a rate increase of approximately $65.4 million or 7%. Petitioner claimed that, based on studies it had done, rates paid by its low volume customers were not sufficient to cover the cost of providing gas service to such customers...

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