Rochester Gas and Electric Corporation v. Public Service Commission of the State of New York

MESKILL, Circuit Judge:

Appellant Rochester Gas and Electric Corporation (RG & E) appeals from a final judgment of the United States District Court for the Western District of New York, Telesca, /., dismissing RG & E’s complaint pursuant to Fed.R.Civ.P. 12(b)(6). In its complaint, RG & E seeks a declaratory judgment that the New York Public Service Commission’s (PSC) policy of including an estimate of RG & E’s wholesale electric sales in RG & E’s revenue base violates the Supremacy Clause, art. VI, cl. 2, and Commerce Clause, art. I, § 8, cl. 3, of the United States Constitution. The district…