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BIG TREE PARTNERS v. BRADFORD

219 A.D.2d 27 (1996)

640 N.Y.S.2d 270

In the Matter of Big Tree Energy Partners, Respondent, v. Peter Bradford et al., Constituting The Public Service Commission of the State of New York, et al., Appellants

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

April 4, 1996

Attorney(s) appearing for the Case

Maureen O. Helmer, Albany (Cheryl L. Callahan of counsel), for Public Service Commission, appellant.

Nixon, Hargrave, Devans & Doyle, L. L. P., Rochester (Stanley W. Widger, Jr. and Kathleen Kenney Suher of counsel), for Rochester Gas and Electric Corporation, appellant.

Iseman, Cunningham, Reister & Hyde, L. L. P., Albany (Brian M. Culnan of counsel), for respondent.

MERCURE, CREW III, WHITE and YESAWICH JR., JJ., concur.

MIKOLL, J. P.

This litigation arises out of the parties' dispute over the meaning of the term "system supply commodity price" as used, but not defined, in the contract petitioner and respondent Rochester Gas & Electric Corporation (hereinafter RG&E) entered into on July 1, 1990. Under the contract, petitioner was to supply RG&E with a specified quantity of indigenous gas. The contract defined indigenous...

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