Consumer Protection Board of New York v. Public Service Commission of New York

*2OPINION OF THE COURT

Lawrence E. Kahn, J.

In this CPLR article 78 proceeding, the petitioner, Consumer Protection Board of the State of New York (CPB), seeks a judgment against the respondents, Public Service Commission of the State of New York (PSC) and Niagara Mohawk Power Corporation, annulling the PSC’s determination 80-25, wherein it found no basis for concluding that the actions of Niagara Mohawk Power Corporation led to an unreasonable extension of a power outage at Nine Mile Point Unit No. 1. The CPB asserts that it is entitled to the relief requested by reason that the PSC refused to…