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MATTER OF ABRAMS v. PSC

136 A.D.2d 187 (1988)

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

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

March 24, 1988

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (K. Wade Eaton, John W. Corwin, Eugene Welch, Nancy A. Spiegel and Richard W. Golden of counsel), appellant pro se.

Robert A. Simpson (Marilyn Mann Faulkner of counsel), for Public Service Commission of the State of New York, respondent.

Nixon, Hargrave, Devans & Doyle (Ernest J. Ierardi, Scott M. Turner and Jeffrey R. Clark of counsel), for Rochester Gas & Electric Corporation, respondent.

WEISS, J. P., YESAWICH, JR., and HARVEY, JJ., concur.

LEVINE, J.

The instant appeal involves a second aspect of the determination by respondent Public Service Commission (hereinafter the PSC) concerning the recovery by respondent Rochester Gas & Electric Corporation (hereinafter RG&E) through increased rates to its customers of costs arising out of a shutdown of RG&E's Ginna Nuclear Power Plant in Wayne County, a portion of which determination was previously...

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