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NYS ELEC. & GAS CORP. v. PSC

194 Misc.2d 467 (2002)

753 N.Y.S.2d 332

In the Matter of NEW YORK STATE ELECTRIC & GAS CORPORATION, Petitioner, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Respondents.

Supreme Court, Albany County.

December 9, 2002.

Attorney(s) appearing for the Case

Huber Lawrence & Abell, New York City (John D. Draghi and Katherine W. Constan of counsel), and Davis, Polk & Wardwell, New York City (Guy Miller Struve and James D. Liss of counsel), for petitioner.

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

Couch White, LLP, Albany (Robert M. Loughney of counsel), for Corning Incorporated, respondent.

Brickfield Burchette Ritts & Stone, P.C., Washington, D.C. (James W. Brew of counsel), for Nucor Steel Auburn, Inc., respondent.

OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

Petitioner New York State Electric & Gas Corporation (NYSEG) seeks a judgment pursuant to article 78 of the Civil Practice Law and Rules annulling and setting aside four orders of the Public Service Commission of the State of New York (the Commission or PSC) and declaring that two flex rate contracts NYSEG has been directed to execute pursuant to the foregoing orders are null and void ab initio. The four...

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