Village of Bergen v. Power Authority

—Amended judgment unanimously affirmed without costs. Memorandum: Plaintiffs, municipalities who receive power from defendant, Power Authority of the State of New York (PASNY), commenced this declaratory judgment action seeking a declaration that the preference power rate set by PASNY is in violation of law and that plaintiffs are entitled to a refund of the overcharges. Supreme Court granted plaintiffs’ motion for summary judgment, declared that plaintiffs’ proposed methodology of using a labor ratio resulted in the lowest possible rates, and ordered PASNY to refund $14,322,888.58 to…