Legal Opinion
National Fuel Gas Distribution Corp. v. Public Service Commission
New York Court of Appeals
Decided March 29, 2011PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this appeal, we consider the legal standards that apply when a utility company seeks permission from the Public Service Commission (PSC) to recoup from ratepayers certain environmental remediation costs it has incurred. We hold that when the PSC reviews a management decision of a utility to assess its prudence, the Department of Public Service (DPS) bears the initial burden of showing that the utility may have acted imprudently based on what was known at the time the challenged decision was made. Furthermore, there must be a rational basis in the record…
2Cases cited11 opinions
- Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
- Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
- Abrams v. Public Service CommissionNew York Court of Appeals · 1986
- Consolidated Edison Co. v. Public Service CommissionNew York Court of Appeals · 1984
- Rochester Telephone Corp. v. Public Service CommissionNew York Court of Appeals · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
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- New York Blue Line Council, Inc. v. Adirondak Park AgencyAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Hutchinson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Miller v. New York State Div. of Human RightsAppellate Division of the Supreme Court of the State of New York · 2014
- Home Depot U.S.A., Inc. v. State of New York Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 2012
27 more not listed; retrieve them via the Exa API.