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MATTER OF MCI v. PSC

231 A.D.2d 284 (1997)

659 N.Y.S.2d 563

In the Matter of MCI Telecommunications Corporation et al., Petitioners, 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.

July 3, 1997

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna, Albany (Michael Whiteman, Jonathan P. Nye and D. Scott Bassinson of counsel), and Richard C. Fipphen, Rye Brook, for MCI Telecommunications Corporation, petitioner.

Ward, Sommer & Moore, L. L. C., Albany (Douglas H. Ward of counsel), and Bruce J. Weston, Columbus, Ohio, for American Association of Retired Persons, petitioner.

Maureen O. Helmer, Albany (Lawrence G. Malone, Jonathan D. Feinberg, Diane T. Dean, Cheryl L. Callahan and Maureen J.M. Ely of counsel), for Public Service Commission of the State of New York, respondent.

Sandra DiIorio Thorn, New York City, and Davis, Polk & Wardwell, New York City (Guy Miller Struve of counsel), for New York Telephone Company, respondent.

CARDONA, P. J., WHITE, CASEY and SPAIN, JJ., concur.

CARPINELLO, J.

In July 1992, respondent Public Service Commission (hereinafter the PSC) commenced a proceeding to consider a "Performance-Based Incentive Regulatory Plan" for respondent New York Telephone Company (hereinafter NY Tel). Its objective was to devise an innovative regulatory structure that would give NY Tel the incentive to undertake actions which would increase its efficiency and consequently provide...

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