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ROCHESTER GAS & ELEC. v. PSC

71 N.Y.2d 313 (1988)

Rochester Gas and Electric Corporation, Appellant, v. Public Service Commission of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 11, 1988.

Attorney(s) appearing for the Case

Richard N. George, Robert L. Daileader, Jr., and Jeffrey R. Clark for appellant.

Lawrence G. Malone and Robert A. Simpson, for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

Plaintiff Rochester Gas & Electric Corporation (RG&E) challenges the constitutionality of Public Service Law § 66-d (2) (L 1984, ch 519, § 2, as amended by L 1985, ch 790, § 2), as applied to it by Opinion No. 85-6 of defendant Public Service Commission (PSC). The statute authorizes the PSC to require certain utilities to transport nonowned natural gas through their pipelines...

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