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NIAGARA MOHAWK POWER v. PSC

66 N.Y.2d 83 (1985)

In the Matter of Niagara Mohawk Power Corporation, Respondent-Appellant, v. Public Service Commission of the State of New York, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided October 22, 1985.

Attorney(s) appearing for the Case

David E. Blabey and Lawrence G. Malone for appellant-respondent.

Samuel M. Sugden, Halcyon G. Skinner and Bruce V. Miller for respondent-appellant.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and TITONE concur; Judge JASEN taking no part.

ALEXANDER, J.

This matter commenced with a request made to the Public Service Commission (PSC) by Niagara Mohawk Power Corporation for permission to retain a refund of Federal income taxes. The PSC, pursuant to Public Service Law § 113 (2), authorized the utility to retain one half of the refund and directed that the remainder be passed on to the ratepayers. Terming this plan "arbitrary and capricious", the...

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