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Legal Opinion · Dissent

Niagara Mohawk Power Corp. v. Public Service Commission

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1990Published

1Dissent

Weiss, J. (dissenting).

I respectfully dissent.

At issue here is the construction, ownership and operation *506of a proposed 2.1-mile, 12-inch diameter high pressure gas distribution spur from the gas transmission line to the industrial park complex where the plant of respondent JMC Selkirk, Inc. (hereinafter Selkirk) is located. Petitioner stood ready to provide Selkirk the requisite distribution/transportation service by building and operating the necessary capital improvements to their distribution system. However, when Selkirk and petitioner were unable to agree on the gas transportation rate…

2Cases cited6 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. People Ex Rel. Village of Chateaugay v. Public Service CommissionNew York Court of Appeals · 1931
  3. Matter of County of Orange v. Pub. Serv. Comm'n of the State of New YorkNew York Court of Appeals · 1975
  4. Columbia Gas of New York, Inc. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1986
  5. County of Orange v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1974

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