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OWNERS COMM. ON RATES v. PSC

194 A.D.2d 77 (1993)

In the Matter of Owners Committee On Electric Rates, Inc., Petitioner, 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.

December 2, 1993

Attorney(s) appearing for the Case

Seham, Klein & Zelman, New York City (Joel R. Dichter, Martin C. Seham and David O. Klein of counsel), for petitioner.

William J. Cowan, Albany (Lawrence G. Malone of counsel), for Public Service Commission of the State of New York, respondent.

John D. McMahon, New York City (Edwin W. Scott, Martin F. Heslin and Neil H. Butterklee of counsel), for Consolidated Edison Company of New York, Inc., respondent.

WEISS, P. J., YESAWICH JR., CREW III and WHITE, JJ., concur.

CASEY, J.

After some seven years without a rate increase, respondent Consolidated Edison Company of New York, Inc. (hereinafter Con Ed) filed a request for a $469.5 million rate increase in May 1991. Con Ed's request also sought permission to make second- and third-stage filings in 1992 and 1993 to recover anticipated increases in certain expenses. Respondent Public Service Commission (hereinafter the PSC) held...

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