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PUB. UTIL. LAW PROJECT v. PSC

252 A.D.2d 55 (1998)

681 N.Y.S.2d 396

Public Utility Law Project of New York, Inc., et al., Appellants, v. New York State Public Service Commission et al., Respondents

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

December 10, 1998

Attorney(s) appearing for the Case

Gerald A. Norlander, Albany, for Public Utility Law Project of New York, Inc., and others, appellants.

Milton Amgott, New York City, for Paul D. Tonko, appellant.

Lawrence G. Malone, Albany, for New York State Public Service Commission, respondent.

Craig G. Goodman, Albany (Usher Fogel of Roland, Fogel, Koblenz & Petroccione, L. L. P., of counsel), Washington, D.C., for National Energy Marketers Association and others, amici curiae.

Helene Weinstein, New York State Assemblywoman, Albany, amicus curiae.

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

MERCURE, J.

The only issue that need be considered on this appeal is whether Supreme Court was correct in its determination that plaintiffs lacked standing to bring this action for a declaration of the invalidity of a March 28, 1996 order of defendant Public Service Commission (hereinafter the PSC) which, inter alia, exempted nonutility natural gas marketers and aggregators from the requirements of the...

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