Home Depot U.S.A., Inc. v. State of New York Public Service Commission
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, A.P.J.
*1013Upon remittal, Home Depot and LNT requested that the PSC “promptly implement” this Court’s decision, which they characterized as holding that the development agreement between Emgee and Home Depot required Emgee to bear all costs not covered by Home Depot’s $5.82 million contribution to site costs, such that all capital costs must be eliminated from IWW’s rates. The PSC rejected this argument, concluding — correctly— that this Court did not reach any binding conclusions regarding whether capital costs should be deducted, but remitted for a full analysis of all relevant…
2Cases cited9 opinions
- Niagara Mohawk Power Corp. v. Public Service CommissionNew York Court of Appeals · 1987
- Porr v. NYNEX Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- National Fuel Gas Distribution Corp. v. Public Service CommissionNew York Court of Appeals · 2011
- New York Telephone Co. v. Public Service CommissionNew York Court of Appeals · 2000
- Crescent Estates Water Co. v. Public Service CommissionNew York Court of Appeals · 1991
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3Cited by6 opinions
- Matter of Corning Natural Gas Corp. v. Public Serv. Commn. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2023
- Matter of Emerald Green Lake Louise Marie Water Co., Inc. v. Public Serv. Commn. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2022
- Matter of City of Yonkers v. New York State Dept. of Envtl. ConservationAppellate Division of the Supreme Court of the State of New York · 2026
- Matter of Citybridge, LLC v. New York State Dept. of Pub. Serv.Appellate Division of the Supreme Court of the State of New York · 2022
- Matter of National Energy Marketers Assn. v. New York State Pub. Serv. Commn.Appellate Division of the Supreme Court of the State of New York · 2018
1 more not listed; retrieve them via the Exa API.