In the Matter of NEW YORK STATE ELECTRIC & GAS CORPORATION, Appellant,
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.https://leagle.com/images/logo.png
July 17, 2003.
July 17, 2003.
Attorney(s) appearing for the Case
Davis, Polk & Wardwell, New York City (Guy Miller Struve of counsel), and Huber, Lawrence & Abell, New York City, for appellant.
Dawn K. Jablonski, Public Service Commission, Albany (Jonathan D. Feinberg of counsel), for Public Service Commission of the State of New York, respondent.
Couch White L.L.P., Albany (Barbara S. Brenner of counsel), for Corning Incorporated, respondent.
Brickfield, Burchette, Ritts & Stone, Washington, D.C. (James W. Brew of counsel), for Nucor Steel Auburn, Inc., respondent.
CARDONA, P.J., PETERS and SPAIN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
OPINION OF THE COURT
CREW III, J.
In 2001, respondent Corning Incorporated began evaluating potential sites for the location and construction of a new $260 million manufacturing facility. While considering one such site in Steuben County, Corning approached petitioner regarding possible energy rates for the new facility. Specifically, Corning sought a discount of four cents per kilowatt hour (hereinafter kWh)...
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