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MULTIPLE INTERVENORS v. PSC

147 Misc.2d 757 (1990)

In the Matter of Multiple Intervenors, Petitioners, v. Public Service Commission of the State of New York, Respondent.

Supreme Court, Albany County.

June 5, 1990

Attorney(s) appearing for the Case

Couch, White, Brenner, Howard & Feigenbaum (Algrid F. White, Jr., of counsel), for petitioners. William J. Cowan, Lawrence G. Malone and James W. Brew for Public Service Commission of the State of New York, respondent. Victor A. Roque and John L. Carley and Nixon, Hargrave, Devans & Doyle (Andrew Gansberg, Stanley W. Widger, Jr. and Kevin G. Martin of counsel), for Orange & Rockland Electric Utilities, Inc., intervenor. Peter Garam and Larry Carbone for Consolidated Edison Company of New York, Inc., intervenor. Andrew B. Stegemoeller for New York State Assembly Standing Committee on Energy. David R. Wooley, Richard L. Ottinger and Hope Babcock for National Audubon Society and Center for Environmental Legal Studies, amici curiae.

JOHN G. CONNOR, J.

Petitioners move pursuant to CPLR article 78 for a declaratory judgment, asking that opinion No. 89-29 (29 PSC ___) issued by the respondent, the Public Service Commission of the State of New York (PSC) issued on September 12, 1989 (No. 89-E-041), be declared invalid.

Petitioners argue that the PSC exceeded its statutory authority in determining rates based upon nonsales and in establishing...

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