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  5. 67 N.Y.2d 205 (1986)
 

ABRAMS v. PUB. SERV COMMN

67 N.Y.2d 205 (1986)

In the Matter of Robert Abrams, as Attorney-General of the State of New York, Appellant, v. Public Service Commission of the State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided March 25, 1986.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alfred L. Nardelli, Robert Hermann, Peter H. Schiff, Peter Beinstock, John W. Corwin, Richard W. Golden and Samuel Cherniak of counsel), appellant pro se.

David E. Blabey and Lawrence G. Malone for New York State Public Service Commission, respondent.

Chanoch Lubling, Joy Tannian and Bernard L. Sanoff for Consolidated Edison Company of New York, Inc., respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

HANCOCK, JR., J.

Consolidated Edison (Con Ed) formally abandoned its unfinished Cornwall Pump Storage Facility on May 8, 1981. It had invested $41 million. On March 9, 1983 the Public Service Commission (PSC) approved an increase in electric rates for Con Ed amounting to $267 million per year. In permitting the rate increase, the PSC determined that Con Ed should be allowed full recovery for its investment by...

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