Niagara Mohawk Power Corp. v. Public Service Commission

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent which, inter alia, ordered petitioner to refund excessive fuel adjustment charges.

In an opinion issued September 19, 1983, respondent con-*909eluded that, based upon hearing evidence, petitioner had been imprudent in certain of its decisions and practices in the past and that the cost of this imprudence had been passed on to petitioner’s customers through rate adjustments made under fuel adjustment clauses (FACs).…