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NAT'L FUEL GAS v. PSC

107 A.D.2d 357 (1985)

In the Matter of National Fuel Gas Distribution Corporation, Petitioner, 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.

March 28, 1985

Attorney(s) appearing for the Case

Le Boeuf, Lamb, Leiby & MacRae (Ronald D. Jones, Bruce V. Miller and Michael W. Youkon of counsel), and Phillips, Lytle, Hitchcock, Blaine & Huber (Heino H. Prahl of counsel), for petitioner.

David E. Blabey (Jonathan D. Feinberg of counsel), for respondent.

Bracewell & Patterson (Joe H. Foy of counsel), for Templeton Energy, Inc., amicus curiae.

MAIN, YESAWICH, JR., and HARVEY, JJ., concur with MAHONEY, P. J.; MIKOLL, J., concurs in part and dissents in part in an opinion.

MAHONEY, P. J.

Petitioner, National Fuel Gas Distribution Corporation (hereinafter National Fuel), is a natural gas distribution company which is in the business of selling natural gas to customers in a number of States, including New York. It is a subsidiary of National Fuel Gas Company (hereinafter NFGC), which is a public utility holding company. National Fuel is subject to regulation by respondent, the Public...

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