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COMM. ON ELEC. RATES v. PSC.

150 A.D.2d 45 (1989)

In the Matter of Owners Committee On Electric Rates, Inc., Respondent, v. Public Service Commission of the State of New York, Appellant

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

September 14, 1989

Attorney(s) appearing for the Case

William J. Cowan (Lawrence G. Malone and Jonathan D. Feinberg of counsel), for appellant.

Seham Klein & Zelman (Joel R. Dichter, Martin C. Seham and Karen M. Dowd of counsel), for respondent.

MAHONEY, P. J., and CASEY, J., concur with HARVEY, J.; LEVINE and WEISS, JJ., dissent and vote to reverse in an opinion by LEVINE, J.

HARVEY, J.

In March 1985, respondent commenced an investigation to determine the best means by which savings from the purchase of low-cost Canadian hydroelectric energy by the New York Power Authority would be allocated among the customers of the seven-member investor utilities of the New York Power Pool which purchase such energy from the New York Power Authority....

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