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MATTER OF PUBLIC UTILITY LAW PROJECT OF NEW YORK, INC. v. NEW YORK STATE PUBLIC SERVICE COMMISSION

263 A.D.2d 879 (1999)

694 N.Y.S.2d 522

In the Matter of PUBLIC UTILITY LAW PROJECT OF NEW YORK, INC., et al., Respondents-Appellants, v. NEW YORK STATE PUBLIC SERVICE COMMISSION, Appellant-Respondent, et al., Respondents.

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

Decided July 29, 1999.

Yesawich Jr., J.

In May 1997, respondent Public Service Commission (hereinafter the PSC) issued Opinion No. 97-5, proposing what has variously been described as a plan or policy to promote competition in retail electric markets by allowing consumers to purchase electricity from private electric service companies (hereinafter ESCOs). Traditionally, no such choice was available as consumers were required to purchase electricity from the monopoly utility provider serving...

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