Legal Opinion
Matter of Lefkowitz v. Pub. Serv. Comm'n
New York Court of Appeals
Decided December 28, 1976PublishedCited by 16 opinions
1Per curiam
The Appellate Division correctly determined that the one-year rate adjustment adopted by the Public Service Commission for residential electric space heating customers was invalid as an undue preference and advantage in violation of subdivisions 2 and 3 of section 65 of the Public Service Law. It does not necessarily follow, however, that the commission’s rate fixing must be controlled exclusively by precise cost allocations in all classifications. On the other hand, it is not enough to discriminate among classes without a rational basis.
The basis offered by the commission that residential…
2Cases cited3 opinions
- Purcell v. New York Central R.R. Co.New York Court of Appeals · 1935
- Purcell v. New York Central R.Supreme Court of the United States · 1935
- Burke v. New York State Public Service CommissionNew York Court of Appeals · 1976
3Cited by16 opinions
- New York State Council of Retail Merchants, Inc. v. Public Service CommissionNew York Court of Appeals · 1978
- Boston Edison Co. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1978
- New York Telephone Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1978
- Tele/Resources, Inc. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1977
- Consumer Protection Board v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1983
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