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MARATHON POWER v. PUBLIC SERV

907436-20.

72 Misc.3d 563 (2021)

149 N.Y.S.3d 786

2021 NY Slip Op 21136

MARATHON POWER LLC, Doing Business as MARATHON ENERGY, Petitioner, v. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK et al., Respondents.

Supreme Court, Albany County.

Decided May 5, 2021.

Attorney(s) appearing for the Case

Harris Beach PLLC, Pittsford ( John T. McManus and Svetlana K. Ivy of counsel), for petitioner.

Robert Rosenthal , General Counsel, Public Service Commission of the State of New York, Albany ( Lucas C. McNamara of counsel), for respondents.

OPINION OF THE COURT

Petitioner is an approved energy service company (hereinafter ESCO) and provides residential and nonresidential customers with natural gas and electricity supply services in utility territories across New York. In this CPLR article 78 proceeding, petitioner seeks review of, among other things...

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