MTR CON ED v. PUB. SERV. COMMN.


107 A.D.2d 73 (1985)

In the Matter of Consolidated Edison Company of New York, Inc., et al., Appellants, v. Public Service Commission of the State of New York, Respondent

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

February 21, 1985


Attorney(s) appearing for the Case

Joy Tannian, Peter Garam and Celeste A. Contrucci for Consolidated Edison Company of New York, Inc., appellant.

Huber, Lawrence & Abell (Frederic H. Lawrence and Kenneth M. Jasinski of counsel), for New York State Electric & Gas Corporation, appellant.

Kenneth D. Archer for Orange and Rockland Utilities, Inc., appellant.

Nixon, Hargrave, Devans & Doyle (Richard N. George of counsel), for Rochester Gas and Electric Corporation, appellant.

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

MIKOLL and YESAWICH, JR., JJ., concur with WEISS, J.; MAIN, J. P., and HARVEY, J., dissent and vote to reverse in an opinion by MAIN, J. P.


WEISS, J.

On June 20, 1980, the United States Supreme Court held that when the Public Service Commission of the State of New York (PSC) prohibited utility companies from including inserts which expressed the views or opinions of the utility on controversial issues of public policy in envelopes containing service bills to customers, the PSC violated the US Constitution, 1st Amendment, as applied to the States...

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